A defendant shall be punished by imprisonment for one year.

Punishment of the crime

Although the Defendant operated a real estate brokerage office under the trade name of “D Real Estate” located in Busan Shipping Daegu C, the monthly income is merely about KRW 30 million to KRW 5 million, while the Defendant’s debt borrowed from an individual was about KRW 870 million, and there is a need to pay at least KRW 10 million as interest every month, so even if he borrows money from others, he did not have any intention or ability to complete payment.

1. On October 4, 2011, the Defendant made a false statement to the effect that “The victim E (the 58-year-old) has a commercial building exceeding 1 billion won with two apartment buildings in the name of F, and is currently raising a large amount of money through real estate brokerage business,” around October 4, 201, the Defendant made a false statement to the effect that “The Defendant shall pay interest on one (1) per month if it is necessary to lend the amount of KRW 70 million with the money for marriage and real estate business, and the principal shall be repaid to one (1) month from the date when the amount of the principal is changed.”

As such, the Defendant, by deceiving the victim, received KRW 1 million in cash on the same day from the victim, and received KRW 69 million from the national bank account (G) in the name of the Defendant.

2. On January 17, 2012, the Defendant, at the “H real estate office” office located in Busan Shipping Daegu C, concluded that the Defendant borrowed KRW 30 million to the same purport as that of paragraph 1, and received money from the victim to the above national bank account of the Defendant on the same day on the same day.

3. On April 18, 2012, the Defendant, at the place under paragraph (2) around April 18, 2012, concluded that he/she borrowed KRW 30 million to the victim with the same purport as that under paragraph (1) and received money from the victim to the said national bank account on the same day.

Accordingly, the defendant acquired a total of KRW 130 million from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

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

1. Aggravation for concurrent crimes;