A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 5, 2010, the Defendant concluded a false statement to the effect that “If the Defendant borrowed KRW 150 million to the victim, he/she shall purchase equipment, such as cream, etc., and shall pay 300,000 won each month after he/she purchased the equipment, and shall pay the principal after one year.”

However, even if the Defendant borrowed money from the victim, it was thought that the Defendant did not purchase the money with the money and used it to pay the Defendant’s living expenses or other debts. At that time, the Defendant had already reached approximately KRW 1.1 billion, and thus, even if he borrowed money from the victim, there was no intention or ability to pay it.

Nevertheless, the Defendant, as above, received the money from the victim to the account in the name of the Defendant’s wife F on the same day from the victim and acquired it by fraud.

Summary of Evidence

1. A statement in this court that "the defendant borrowed KRW 145 million from the victim to purchase the cream on the date stated in the facts charged, but did not purchase the cream."

1. Legal statement of witness D;

1. Each prosecutor's protocol of examination of the accused;

1. Second police suspect interrogation protocol (including the statement in D) against the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to an investigation report (a tea, a copy of the details of transactions), an investigation report (a construction machinery submission registration certificate, a contract guarantee insurance policy, etc.);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (see the following part of the grounds for sentencing)

1. Scope of the sentencing guidelines on the general sentencing guidelines: Imprisonment with prison labor for 10 months - two years and six months (where the risk of damage is not significantly realized, the defendant shall have a long-term family members of the victim and the victim.