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

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

Punishment of the crime

1. On January 21, 2009, the Defendant called the victim D from the French land on January 21, 2009, and borrowed business funds to operate a business by obtaining the right to collect earth and rocks from the existing permitted person to obtain the right to collect earth and rocks in the frontbuk-gun E from the victim D. The Defendant stated that the payment of earth and rocks would take precedence over the payment of the money upon deposit of the money.

However, even if the defendant receives money from the victim, he did not think that it will be used to pay the F the settlement of the price for the work, but did not have the intention or ability to proceed with the collection of earth

On January 21, 2009, the Defendant, by deceiving the victim as such, received 17 million won from the victim to the deposit account in the name of the Defendant’s bank.

2. On October 27, 2009, the Defendant called the victim from the French land on October 27, 2009 and called the victim for “A lack of business funds for the business of gathering and gathering earth and rocks from the Jeonbuk-gun E branch in the Jeonbuk-gun. The Defendant borrowed business funds as security and provided money as payment for earth and rocks sales proceeds.

However, even if the Defendant received money from the victim, he did not have the intent or ability to conduct the collection of earth and rocks business, and on August 7, 2009, the right to collateral security was established with a maximum debt amount of KRW 247 million.

On October 27, 2009, the Defendant, by deceiving the victim as such, received 30 million won from the victim as the above account on October 27, 2009, and 19.6 million won from the above account on October 28, 2009.

Summary of Evidence

1. Defendant's legal statement;

1. The police interrogation protocol against the defendant;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a statement of transactions in the passbook, full certificate of registered matters, confirmation note, and loan certificate;

1. Criminal facts;