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

On April 15, 2010, the Defendant made a false statement to the victim D that “The Defendant would obtain a PF loan in relation to the above apartment construction work, and will repay” if the Defendant borrowed money.

However, it is extremely unclear whether to proceed with new apartment construction and grant a loan for the PF fund, since the new apartment construction company failed to pay the purchase price of KRW 2.2 billion to its owner, and the defendant tried to pay the 16 billion construction cost with the PF fund because it was not capable of paying the 16 billion construction cost, but it was refused from the financial institution, and the construction cost was not selected as a contractor for pre-paid construction and construction work. Therefore, it is extremely unclear whether the above new apartment construction is conducted and the loan for the PF fund was made. The defendant did not have any intention or ability to pay the money even if he borrowed the money from the victim because he did not have any other income

The Defendant received KRW 3 million from the victim to the bank account in the name of the Defendant on the same day, and from June 25, 201, the Defendant received KRW 5,9310,000,00 in total on 39 occasions as shown in the annexed crime list.

Accordingly, the defendant deceivings the victim to take money by deceiving the victim.

Summary of Evidence

1. Each legal statement of the defendant, D and G;

1. Data on replies;

1. Each certificate of borrowing;

1. Cash custody certificate;

1. A list of transactions;

1. Credit information inquiry table;

1. Application of Acts and subordinate statutes to a report on investigation (a project agreement, etc.);

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

1. The crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., circumstances on the grounds of sentencing) is a case in which the defendant deceivings the victim under the pretext of a loan for new construction of a main apartment and defrauds the victim a total of 5,9310,00 won through 39 times.