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

From around December 3, 2006 to December 3, 2012, the Defendant operated a stock company E with the purpose of real estate development and sales agency business in Mapo-gu Seoul building B, Mapo-gu, Seoul. From the end of February 2008, the Defendant made a false statement to the effect that “A is currently running the said apartment, so-called EXE apartment and so-called Seoul Mapo-dong apartment,” and the victim C, a real estate broker, is running the said apartment at the above office around February 2008, that “A is currently running the said apartment, so-called EXE apartment and so-called Seoul Mapo-dong apartment, and if he lends KRW 100 million at the expense of authorization and permission for the said apartment, he/she would also have the right to sell the said apartment in progress.”

However, at the time, the Defendant did not proceed with the execution of the apartment as above, and the Defendant did not have any other performance of the above E, and the Defendant was unable to raise funds for the operation of the company, and even if borrowing money from the victim, the Defendant did not have any intent or ability to pay the money to the Plaintiff, and did not have any intention or ability to pay the money.

Nevertheless, as above, the Defendant made a false statement to the victim, and thereby acquired it from the victim on November 14, 2008 by receiving KRW 30 million from the victim.

Summary of Evidence

1. C’s legal statement;

1. Partial statement of the witness F in the court;

1. A protocol of examination of part of the defendant by prosecution;

1. Each police statement made to F and C;

1. Details of remittance;

1. Application of Acts and subordinate statutes governing cash custody certificate;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Reasons for sentencing [the decision of type] below 100 million won in general fraud [the specially adopted person] below the mitigated element] under Article 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders: Imprisonment with prison labor for one month from one year to one year [the scope of punishment].