A defendant shall be punished by imprisonment for two years.

Punishment of the crime

1. The Defendant, at the F Real Estate Office located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, on October 19, 2009, purchased a 16 household unit of multi-household H located in Jung-gu Seoul Special Metropolitan City if 300 million won is invested, and subsequently distributed profits by selling in lots after purchasing 16 households.

However, even if the Defendant received an investment money from the victim, he purchased the said multi-household house and remodeled it, and did not have the intent or ability to deliver the benefit amount to the victim by selling it in lots. The Defendant deceptioned the victim as above and received KRW 300 million from the victim under the name of the Defendant. The Defendant did not have any property under the Defendant’s name, and even if he borrowed the said money from the victim due to his obligation relationship with I, etc., the Defendant did not have any intent or ability to repay the said money. A. Nevertheless, on October 21, 2009, the Defendant, by deceiving the victim to the effect that “the victim would have lent 45 million won to the victim, 3% interest shall be paid monthly, and the Defendant would have received KRW 45 million from the victim under the name of the J on October 21, 2009.”

B. Nevertheless, on October 26, 2009, the Defendant borrowed 35 million won to the victim in the above office on October 26, 2009 and promptly pays the principal to the victim.

On October 26, 2009, “A” had been delivered 35 million won to a new bank account under the J on October 28, 2009 by deceiving the victim to the effect that “I would promptly repay the principal to the victim if I lend 20 million won to the victim” at the above office on October 28, 2009. Nevertheless, on October 28, 2009, the Defendant deceiving the victim to the effect that “I would promptly repay the principal if I would lend 20 million won to the victim” and was issued 20 million won to the new bank account under the J’s name on October 28, 2009.

Summary of Evidence

1. Partial statement of the defendant;

1. Each testimony of witness G, I,K, L, and M;

1. Each prosecutor's interrogation protocol G against the defendant, I.