A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On May 25, 2009, the Defendant made a false statement to the victim F to the E office located in Pakistan-si, Pakistan-si, stating that “The development of electric power resource house is insufficient, and the money is not sufficient. If the Defendant lent 200 million won to 6 lots of land, including H, a collateral security right is created, it will be repaid within three months.”

However, the above G six lots of land was established with prior priority over the maximum debt amount of 3.5 billion won, and there was no value of collateral. At the time, the Defendant did not have any intent or ability to repay the said amount even if he borrowed the said money from the victim due to no particular property in the name of the Defendant due to bad credit standing.

Nevertheless, as above, the defendant deceivings the victim as above and acquired 182 million won from the victim, namely, in the seat of the victim.

Summary of Evidence

1. Legal statement of F;

1. Each protocol concerning the examination of the accused by the prosecution (including the substitution of the accused);

1. A certificate of borrowing;

1. A copy of deposit slip;

1. A certified copy of the land register in the case of strike;

1. A certified copy of the G land register at the time of strike;

1. Application of the Acts and subordinate statutes to each inquiry, reply, and reply;

1. Determination on the assertion of the Defendant and the defense counsel under Article 347(1) of the Criminal Act concerning the relevant criminal facts

1. The alleged defendant had intention or ability to repay because he/she had a considerable value of real estate owned by a majority around the time when he/she borrowed money from the victim.

2. According to the evidence duly admitted by this Court, the following facts are recognized.

A. Each real estate (G and I) in which the defendant holds a number of real estate is held by a third party who does not have any real estate under the name of the defendant, and is claimed as a title trust or partner, and it is unclear whether the actual share of the defendant in possession of each of the above real estate is any degree or not.

Therefore, it is difficult to believe the property status according to the appraisal result, which assumes that each of the above real estate is owned by the defendant in whole.

Defendant.