A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On March 11, 2010, the Defendant, who is engaged in the construction business, transferred ownership to the Defendant or repaid KRW 150 million to the Victim B, after completing the construction work, after lending KRW 130 million due to lack of construction costs.

“A false statement” was made.

However, at the time, the Defendant newly constructed a new loan on the land D and E with a loan of KRW 1.3 billion from the agricultural cooperative to receive a loan of KRW 1.3 billion each month, and paid interest on the loan of KRW 9.8 million each month. Since it was inevitable for the construction company to perform construction work on credit without paying the construction cost due to the failure to procure public funds at the time of construction, even after the completion of the construction of the loan, it was anticipated that the construction company should transfer the loan to the construction company, so even if the construction of the loan was completed, the Defendant did not have any intent or ability to transfer the name of the new loan to the victim or to repay KRW 150 million.

Nevertheless, the defendant deceivings the victim as above, and he received 130 million won from the victim on the same day and acquired it by fraud.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes of a contract for sale, a copy of promissory note, and a payment note;

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

1. The fact that the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is large, and that only a part of the amount of damage has been repaid is disadvantageous.

The defendant's age, age, and the fact that the defendant was aware of the fact that the defendant was unaware of the willful misconduct or the degree of deception was weak, and that the victim was also economically difficult.