A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The defendant is a person who has been engaged in real estate brokerage business.

1. On November 29, 201, the Defendant committed the crime of November 201, 201, in the “D’s operation of the Victim C (E, 42 years old) located in Suwon-gu, Suwon-si, Suwon-si,” the Defendant was transferred 30 million won from the victim to the Agricultural Cooperative account in the name of E, a woman living together with the Defendant, if he/she loaned 30 million won to his/her parent estate within two weeks, he/she would be paid 1.5 million won interest, and the amount of the mortgage will also be paid 1.5 million won by December 15, 201.”

However, the above E had little possibility of receiving miscarriage within two weeks, and there was no intention or ability to set up the right to collateral security against the victim, as well as thought that the money borrowed from the victim was used as debt repayment, living expenses, etc., so even if borrowing KRW 30 million from the victim, there was no intention or ability to repay the money until December 15, 201.

Accordingly, the defendant deceivings the victim, thereby deceiving 30 million won.

2. On February 8, 2012, the Defendant committed the crime on February 8, 2012, at the same place as Paragraph (1) of this Article, and at the same time as that of Paragraph (1) of this Article, the Defendant received a miscarriage from the victim, and may receive part of the miscarriage received by E.

If a loan is made in excess of KRW 10 million, it shall be paid in addition to KRW 30 million prior to borrowing KRW 30 million.

‘C' and ‘10 million won was remitted from the victim to the one bank account in the above E name.

However, the above E did not have received miscarriage at the time, and even if the victim borrowed 10 million won from the victim, there was no intention or ability to repay it.

Accordingly, the defendant deceivings the victim, thereby deceiving 10 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, F, and E;

1. Application of Acts and subordinate statutes on banking transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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