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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

1. On January 9, 2012, the Defendant committed the crime of January 2012, 2012, in the E office operated by the victim D in the window C of Changwon-si, the Defendant made a false statement to the victim, stating, “The issues offered to Jin-si have been sold or sold, but on about 20 days after Jin-si, can be sold or redeemed, and only KRW 5 million can be repaid.”

However, there was no real estate purchased in the name of the defendant, and even if there was no property or income, there was no intention or ability to repay money from another person.

The Defendant, by deceiving the victim as such, received KRW 5 million from the victim, namely, from the victim, to the Agricultural Cooperative Account in the name of F, under the pretext of the loan.

2. On March 12, 2012, the Defendant committed the crime of March 12, 2012, at the above E office, made a false statement stating that “Around March 12, 2012, the said victim ought to purchase and sell real estate, and enter money.” If the Defendant additionally lent KRW 20 million to the said E office, the Defendant would make a payment by adding up borrowed money to the total amount of money borrowed prior to the purchase and sale of real estate.”

However, there was no real estate purchased in the name of the defendant, and even if there was no property or income, there was no intention or ability to repay money from another person.

As such, the Defendant, by deceiving the victim, received 20 million won from the victim, to the Agricultural Cooperative Account in the name of G as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Details of each passbook, inquiry into a cashier's check number, application of a real estate sales contract, and Acts and subordinate statutes on loan certificates;

1. Article 347 (1) of the Criminal Act, the choice of applicable laws and punishments concerning the facts of crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The main sentence of Article 62(1) of the Criminal Act, the circumstances leading to the instant crime, and the fact that most of the criminal proceeds have not been retained.