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

From August 2009 to October 20, the Defendant stated that “A victim C is an apartment building of 1.2 billion won at the time of inland acceptance. A few million won is not money. A half of the total amount of land located in Ansan-si stated that the Defendant would participate in an auction by investing in the auction because he/she could be awarded a successful bid if the land located in Ansan-si is approximately KRW 260 million.” Around October 14, 2009, the Defendant called that “I would pay real estate goods promptly by phone to the victim” from the F Real Estate located in Ansan-si E in Ansan-si and thus, “I will pay 20 million won at the time of payment of the bid bond for D land next month.”

However, in fact, at the time when G, the Defendant’s wife, G established the right to collateral a bank loan of KRW 600 million as collateral, and there was no property value for the deposit of KRW 390 million as collateral, and the Defendant was unable to repay the debt of KRW 100 million incurred in the course of operating the former illegal game site. Since there was no specific income, there was no intention or ability to prepare a half of the above auction price, and there was no intention or ability to pay the above loan until the payment of the bid bond of the D land.

The Defendant received 20 million won from the victim, i.e., the money borrowed from the seat.

The Defendant, including that, from October 14, 2009 to March 18, 2010, received 66,612,100 won in total as a loan from the victim over 15 times from around October 14, 2009 to around March 18, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the suspect's interrogation records against the defendant (including the C's statement);

1. A protocol of partial police interrogation of the accused (including C and I statements);

1. Statement to C by the police;

1. A written statement of C and J;

1. A copy of the transaction account;

1. A certified copy of the register;

1. Application of statutes on the progress of auction cases;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense;