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

The defendant shall pay 40 million won to an applicant for compensation.

The above order shall be.

Punishment of the crime

Around October 2013, the Defendant was in a state of 100 million won and there was no other revenue source. Around October 2013, the Defendant was only a D-owned house and apartment without a house and apartment owned by the Defendant and an apartment, and the Defendant did not express the Defendant’s intent to partially sell the house to the Defendant. Therefore, even if the Defendant borrowed money from the victim C, even though he did not have the intent or ability to repay the money, the Defendant was able to borrow money from the Defendant’s house and apartment without selling the house and apartment, and acquired money from the victim by fraud.

1. On October 25, 2013, the Defendant made a false statement to the effect that, within the F Real Estate located in Busan City E, “The Defendant may sell gold 14 million won to the victim, because there exists a sudden use in another place. There is no damage in any other place. There is no difference between the inside and outside of the Republic of Korea. It would be immediately repaid if only the purchase and sale can be made on the same day as the Plaintiff can sell within the early 17 dong and H apartment 105 dong. In the same case of a house, the Defendant may sell gold at a higher price than the market price in the same case of a house.”

The defendant received 7 million won in cash from the victim, i.e., he received 7 million won in cash from the victim, and received 14 million won in total from the defendant's wife I to the Busan Bank account.

2. Around October 26, 2013, the Defendant made a false statement to the effect that “The Defendant, at the place indicated in paragraph 1, has an urgent use of the land in another place and thus, extended KRW 30 million to the victim. As he/she said, as he/she did, he/she may have a house owned in the Republic of Korea and an apartment can be repaid within a short time.”

Around that time, the Defendant received 30 million won from the victim to the Korean bank account in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. The loan certificate and the ordinary building ledger; and