A defendant shall be punished by imprisonment for six 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

[criminal power] On December 15, 2006, the defendant was sentenced to 6 months of imprisonment for gambling opening and 2 years of suspended execution at the Daejeon District Court, and the above judgment was finalized on October 23, 2009. On October 30, 2009, the same court was sentenced to 6 months of imprisonment for violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and 1 year of suspended execution and decided on November 7, 2009.

【Criminal Facts】

On December 13, 2006, the defendant made a false statement to the victim E-site office operated by the victim D in the Dong-gu Daejeon-gu Daejeon Special Metropolitan City, that "if the defendant lends KRW 50 million to the victim, he/she will help the residents of E-company actively cooperate in the purchase of land from the standpoint of E-company so that the residents of E-company can actively cooperate in the purchase of land, and that this loan will be repaid by the time when the urban development project is completed, and within one month after the urban development project is completed."

However, in fact, the Defendant did not have any money from the victim with no money borrowed from the victim, and there was no intention or ability to repay the money with the money borrowed, because the Defendant planned to pay the money in advance for the apartment construction at the time of the subcontract.

The Defendant, by deceiving the victim, received 30 million won from the victim to the Defendant’s post office account on the same day. On December 22, 2006, the Defendant received 20 million won from the same account and acquired 50 million won in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. The loan certificate;

1. Each report on investigation;

1. Previouss before ruling: Criminal records, previous records of dispositions, report on the results of confirmation, and the defendant and his defense counsel's assertion, and the victim's assistance in their own business.