A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On June 201, the Defendant concluded that, at the office of the victim C in the Gangnam-gu Seoul Metropolitan Government B building, the Defendant concluded that, “The victim, a student military motive, laid down 10,200 square meters in the land located in the flat of Gangwon-do prior to five years, and attempted to sell the said land in KRW 6 billion.3 billion, the Defendant used only three months for the loan of KRW 300 million, and calculated the interest rate of 2% per month with gains from the market price of the land as well as the principal.”

However, in fact, the land purchased by the Defendant was planned to pay part of the purchase price as part of the borrowed money borrowed from the injured party without paying the full amount of the purchase price, and the sale of the above land was not finalized for others. The interest rate of bank loans that should be paid every month in the amount of KRW 5.3 billion, and there was no intention or ability to pay the borrowed money and interest within three months with the interest rate of KRW 18 billion.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) by deceiving the victim to a bank account (E) in the name of the Defendant from the victim; (c) obtained the transfer of KRW 198 million on June 24, 201, and KRW 98 million on June 27, 2011, and acquired the total amount of KRW 198 million from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Application of Acts and subordinate statutes to the certificate of borrowing, the statement of suspects submitted to the rehabilitation court, and the details of deposit and withdrawal

1. Determination as to the assertion by the Defendant and the defense counsel regarding the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts and the selection of punishment ( comprehensively including imprisonment)

1. The summary of the assertion was that the defendant did not definitely express the plan to sell the land of the Gangwon-do average land to the victim, and there was an intention to repay the money from the victim at the time of borrowing the money, but did not repay the money due to a subsequent change in economic situation, etc.

2. The judgment of this Court has been duly adopted and examined by this Court.