A defendant shall be punished by imprisonment for not less than five months.

except that 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

Around September 2010, the Defendant made a false statement with D through D that “The Defendant would have invested in real estate, and the Defendant would have borrowed the money to be repaid if he/she had paid the money.”

However, in fact, the defendant did not have invested in real estate and did not have any particular income or property, so even if he borrowed money from the victim, there was no intention or ability to repay it.

As above, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim around September 18, 201, KRW 3 million around the 20th of the same month, KRW 2 million around the 27th of the same month, KRW 4 million around October 13, 201, and KRW 3 million around February 12, 201.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Statement of the police statement of E;

1. Application of household register or duplicate Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (General circumstances, such as the confession of a crime and the reflective fact, the full amount of damage, and the agreement with the victim);