A defendant shall be punished by imprisonment for four months.

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

Criminal facts

On August 20, 2009, the Defendant made a false statement to the victim D that “I would pay a full-time deposit to the revenue of the house owned in Songpa-gu Seoul, and I would like to lend KRW 20 million to the victim D because I would have no money to pay the full-time deposit to the revenue of the house owned in Songpa-gu.”

However, in fact, the defendant thought that he was able to make an investment in the new industry with the money borrowed by the victim, and the above house was already in progress at auction, and there was no intention or ability to pay the money even if he borrowed money from the victim.

Nevertheless, the Defendant, as above, by deceiving the victim, received 20 million won from the victim to the Agricultural Cooperative Account in the name of the defendant in the name of E, namely, the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considering circumstances, such as the confession of a criminal conduct, the fact that there is no particular criminal record, the amount of damage, the deposit of KRW 79.80,00,00 in won, and the relationship with the victim);