A defendant shall be punished by imprisonment with prison labor for four months.

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

Punishment of the crime

Around August 5, 2013, the Defendant: (a) around August 5, 2013, (b) pursuant to Article 302 of the Nam-gu Incheon Metropolitan City Carryover 302, “The Defendant is liable to pay the principal by auction against Carryover 302, which is owned by the Bank of Korea due to the failure to pay the loan of the Bank of Korea.” (b) On October 5, 2013 (one month during which the grace period is extended); (c) on the loan of the expenses, etc. for withdrawal of auction, the Defendant shall pay the principal by not later than October 5, 2013; and (d) shall pay the interest of 150,000 won per month until the principal is repaid. If the payment of the principal is impossible due to the due date, the Defendant shall pay the principal by the director by means of

However, as there is no particular income and it is difficult to expect the future income, there was no intention or ability to repay it even if the defendant borrowed money from the victim, and there was no intention or ability to instruct the lending of 302.

Accordingly, the Defendant, by deceiving the victim as above, received KRW 12,214,910 from the victim’s account in the name of the Defendant, and transferred KRW 3,295,130 from the Fund of the Daegu Saemaul Bank designated by the Defendant.

Summary of Evidence

1. The defendant's partial statement (the statement acknowledged on the facts except the scope of correspondence);

1. D’s legal testimony (including the statement that the contract was destroyed because the defendant was not at the house, even though he/she had lent money to the defendant after receiving delegation documents of the right to lease, directly sought a lessee after withdrawal of auction, and entered into a lease agreement as the representative of the defendant);

1. A contract, letter, or real estate lease contract;

1. Application of Acts and subordinate statutes on search for auction cases;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] is the case where a person committed a deceptive act with willful negligence (special mitigation) in the reduction area (one to one year) of types 1 (less than KRW 100 million) in general fraud (one to one year), or the degree of deception is weak.