A defendant shall be punished by imprisonment with prison labor 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 January 1, 2017, the Defendant stated to the effect that “the Defendant would immediately withdraw an auction and receive a loan twice the Defendant received a loan in the same month” to the victim B, “the Defendant has a wide land on the side of Gyeonggi-do, and the Defendant would sell high-quality loans in lots at a coffee shop where it is impossible to know the trade name in Gangnam-gu Seoul, Seoul.”

However, even if the defendant borrowed money from the victim, he did not think that it would be used for other purposes, and withdraws the auction of the land which is acceptable, and there was no intention or ability to repay the money borrowed from the victim with the loan as collateral.

Nevertheless, the Defendant, as such, by deceiving the victim and deceiving the victim, obtained a total of KRW 100 million from the victim on February 20, 2017, including KRW 50 million, and KRW 50 million on February 23, 2017, and acquired money through a bank account in the name of C (Account Number: E).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and F;

1. A complaint;

1. Data on transfer results and details of account transactions, receipt and certification sources (application for an auction of real estate), authentic copy of notarial deeds, forest register of forest register, and all of the registered matters;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to materials submitted by a DNA bank), investigation reports (verification of all the registered matters, and examination of the record of repayment of debts);

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: One month to ten years of imprisonment;

2. The range of recommending punishment according to the sentencing guidelines [the determination of types] shall be limited to fraud [the type 2] and above 10 million won, and reduction factors less than 500 million won (the special sentencing factors]: the punishment is not granted or a significant damage is recovered.