A defendant shall be punished by imprisonment for one year.

Punishment of the crime

Around October 4, 2010, the Defendant made a false statement with the victim F, stating that “The Victim F is constructing a studio in Busan-gun G, Busan-gun, and the cost of construction is insufficient. If the Defendant borrowed money, then the Defendant would receive a loan as collateral and repay the money after completing the construction of the building.”

However, in fact, the Defendant had no intention or ability to make a normal repayment even if he/she borrowed money from the victim, since the Defendant started to lend money from another person without any initial investment cost in the studio construction, completed the building and received the loan as a security, and there was no other money to pay the construction cost to the construction business operator.

around October 4, 2010, the Defendant received KRW 50 million in total from the victim to the national bank account in the name of the Defendant as the borrowed money, from around October 4, 201, from that time until May 11, 201, the Defendant received KRW 244,470,000 in total from around 10 times as shown in the list of crimes in the attached Table from that time to that of the above account as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F, H and I;

1. Application of the witness J or K’s law of partial statement;

1. As to the Defendant’s assertion of Article 347(1) of the Criminal Act, the fact that the Defendant received money from the victim and used a substantial portion of the money as construction cost, etc., and the fact that the Defendant made efforts to obtain loans from financial institutions after the completion of the building is recognized.

However, it is difficult to view that there is no intention to obtain money from the defendant merely because the defendant thought that he will receive a loan after the completion of construction at the time of borrowing money.

H Site and this case after the actual completion of construction.