A defendant shall be punished by imprisonment for four 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

On November 6, 2017, the Defendant made a false statement to the effect that “C” located in Nam-gu, Nam-gu, Sipo-si, Ma has the ground 600 square meters and the price per square meter is at least eight million won. There is no installment cost to divide. If the Defendant borrowed money, he/she shall sell and complete the land.”

However, at the time, the Defendant did not have the land in South-gu E at the time, and the obligation without any particular property was up to KRW 100 million, and the amount borrowed from the victim was thought to be used as repayment of other debts or living expenses, so there was no intention or ability to repay the money as agreed even if he borrowed money from the victim.

The Defendant, by deceiving the victim as above, received KRW 15 million from the victim to the F account in the name of the Defendant under the name of the victim as the borrowed money on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (as to the details of the loan of a suspect);

1. Application of Acts and subordinate statutes on transactions of passbooks;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor as a matter of choice (Consideration of the fact that the nature of the crime is not minor in light of the content of the crime by deceiving the use by using the trust of the accused, and that the victim has not recovered from damage, etc.);

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do148, Apr. 1, 201