Defendant shall be punished by imprisonment for eight months, and 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

1. From the G’s office located in the Songpa-gu Seoul F Building on October 2010 to the victim H, the Defendant stated that “I is selling an apartment, but most of the apartment sales affairs were completed.” The Defendant said that “I is the company operating within the apartment,” the first apartment sales price entered around December 201.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to pay it properly.

Nevertheless, on October 29, 2010, the Defendant received KRW 50 million from the victim with a false statement as above, and received KRW 50 million from the victim to the I’s account in the name of a stock company.

2. On November 2010, the Defendant, at the same place as that of paragraph (1) of this Article, stated that, even if he/she borrowed money from the said victim, the Defendant did not have any intent or ability to repay the money properly, and that, although he/she did not have an intention or ability to repay it, the Defendant would have made a false statement to the victim that “it is necessary to operate the Company up to the time of entry of the sale price. The monthly operating fund is KRW 50 million, which is to be repaid as the completion of the sale business, and that it was remitted from the victim to the account in the name of the Defendant Company I on November 24, 2010.

Accordingly, the defendant deceivings the victim two times, and let I receive a total of 100 million won as a loan.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, J and G;

1. Examination protocol of the suspect of the prosecutor and the police accused (including the substitute part);

1. Each written statement of the prosecutor or the police against H and G;

1. Written complaint, statement of fact, receipt of deposit, receipt of agreed amount, statement of return of agreed amount, full certificate of registered matters, record recording, execution of a warrant of account (Evidence Nos. 1 through 10, 14, 24, 40 of evidence list);

1. Application of Acts and subordinate statutes of a written deposit;

1. Article 347 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. The Criminal Act, the suspension of execution;