A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[2014 Highest 1955]

1. On March 3, 2010, the Defendant made a false statement to the victim E in the Dda bank located in Seocho-gu Seoul Metropolitan Government, stating, “If the Defendant purchased the forest land of Socheon-gun on credit with 2.6 billion won, and borrowed the appraisal cost of 15 million won to prevent the factory, he/she would return the principal after one week, and the Defendant would have the right to construct the factory as the case.”

However, even if the Defendant borrowed money from the victim, it was merely intended to use it as living expenses or entertainment expenses related to other businesses, and did not think that it was used as appraisal expenses for the said forest land, and there was no intention or ability to grant the right to construct a factory since the purchase fund for the said forest was not fully prepared.

On March 9, 2010, the Defendant, by deceiving the victim, received five million won in total from the victim’s new bank account under the name of the Defendant, and KRW 15 million in total from the 23th day of the same month.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement of each police statement concerning E and G;

1. The loan certificate;

1. Details of passbook transactions;

1. Application of Acts and subordinate statutes on real estate sales contracts;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting the crime (generally, the choice of imprisonment);

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the means and methods of deceiving the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are inadequate and that it is not agreed with the victim, the execution of the sentence is suspended by taking account of the fact that the defendant has no record of criminal punishment for the last time, there is no record of past same or similar type of punishment, and that the confession is against the victim.

Parts of innocence

1. The summary of this part of the facts charged (2014 Highest 2431) is that the Defendant, around March 13, 2012, at the office of 'ICo., Ltd. 203' in Yongsan-gu Seoul, Yongsan-gu, Seoul. In relation to the tinsan Development Agreement that the victim concluded with K, five million won of part of the intermediate payments (one million won cashier's checks of the new bank).