A defendant shall be punished by imprisonment for not more than ten 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

Around November 2013, the Defendant concluded that, at the Defendant’s residence located in Young-si B apartment, “A house is purchased from a court auction, and sold it in a cover, or paid profits with interest accrued therefrom. If a house is purchased or a fund is lent for interest play, the Defendant would return the money borrowed along with the interest.”

However, the defendant had no intention or ability to make profits to the victim by selling and selling a house or lending money to another person through an auction by the court, and the defendant was intended to use most of the money received from the victim to repay other debts already borne by the defendant.

The Defendant received KRW 4,950,00 from the victim to the account in the name of D on November 14, 2013, a total of KRW 270,300,000 from November 14, 2013 to July 9, 2014, as indicated in the attached Table of Crimes, by receiving transfer of KRW 4,950,00 from the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Details of withdrawals, promissory notes, authentic copies of notarial deeds, and transactions of each entry;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and community service is large, and the responsibility of the accused is not somewhat weak since damage recovery has not been completed until now.

However, in the process, the amount repaid to the victim by January 2, 2015 is 183,913,000 (Evidence Record 106, 115) and this money was also lent to other persons.

(Records 114 pages) An agreement shall be reached with the victim on the condition that the remaining seventy million won shall be repaid in one million won per month.