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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On May 14, 2017, the Defendant stated that “The principal shall be given three months after the loan of KRW 20 million to the victim D when the deposit is insufficient to implement the removal work of the Busan E Apartment, and the down payment shall be added to KRW 20 million if the down payment is made.”

However, the defendant did not receive the order to remove the apartment house and thought that he would use the money for personal debt repayment and living expenses by lending the money to the victim, and even if he did not have certain income or special assets, he did not have the intention or ability to repay the money to the victim.

In addition, the Defendant, as seen above, by deceiving the victim, received the total amount of KRW 10 million from the victim to the F account under his/her name on the same day, and received KRW 20 million from the same account on May 22, 2017 to the same account on the same day.

2. On June 14, 2017, the Defendant told the victim D to “it is time to report to the Gu office, and the expenses to be reported are changed.”

However, in fact, the defendant was thought to use the money for personal repayment or cost of living by lending money to the victim, and even if he borrowed money to the victim without certain income or special property, he did not have the intention or ability to repay it.

In doing so, the Defendant, as seen above, was accused of the victim and received KRW 138,00 from the victim to the F account in his own name on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of D police statement;

1. A specification of transactions;

1. A report on investigation (a list of evidence Nos. 8, 9, 13, 17 through 21, 25);

1. Application of statutes governing certificates of transaction by account;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Suspension of execution;