A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On February 2, 2012, the Defendant stated that “A victim C will perform a large construction work in Gangnam-gu, with a lack of construction cost, only three months if he/she borrowed KRW 60 million, and he/she will pay for it.”

However, the Defendant did not have ordered the remodeling construction of the building located in Gangnam-gu Seoul, and even if the Defendant borrowed the above money from the victim due to the shortage of living expenses at the time, the Defendant did not have the intent or ability to repay it more than three months.

Nevertheless, the Defendant, by deceiving the victim as above, received money from the victim to the Agricultural Cooperative Account under the name of the Defendant, and acquired money of KRW 30 million from March 9, 2012, and KRW 29 million from March 21, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. The suspect interrogation protocol of the police as to B;

1. Each police statement made to D or C;

1. Each specification of transactions;

1. The Defendant asserts that there was no criminal intent of deceptiveation, since he/she did not intend to commit a crime, even though the removal work for remodeling was conducted from March to April 2012, 201 to March 4, 2012. However, the construction was discontinued due to the failure to obtain a building permit, and the victim paid KRW 30 million to the victim as interest, etc.

The following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, (i) the Defendant shown the victim of the construction site in Seocho-gu Seoul, Seoul, but the construction was not carried out because it did not obtain a construction permit at the time of receiving the money from the victim; (ii) the Defendant’s payment of the cost related to the construction cost of KRW 59 million received from the victim is limited to KRW 10 million; and (iii) the remainder is equal to KRW 10 million.