A defendant shall be punished by imprisonment for not less than eight 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

The defendant, who is a teacher who became aware of in the course of running a mountain, was willing to borrow money from the victim by advertising that he had a sexual intercourse with C, etc.

On February 19, 2011, the Defendant: (a) in an influent restaurant with the trade name in Seodaemun-gu Seoul Western Dong, Seodaemun-gu, Seoul; (b) concluded that “A victim C wishes to take over a house with the inside of the country” KRW 50 million as the premium and security deposit need to be taken over and operated, and paid KRW 1.6 million per month from the profit by taking over and operating the house on the face of the State; and (c) paid KRW 1.6 million per month from the profit.”

However, even if the victim borrowed money from the victim, there was no intent to pay the monthly profit or the principal. At the time, the defendant was granted immunity from the Seoul Central District Court on December 12, 2009, but the defendant did not have the ability to pay the victim the amount of 1.6 million won and the principal each month with the profits because it was almost little of the incomes.

The Defendant, as above, was accused of the victim and received from the victim the amount of KRW 5 million on the same day, namely, KRW 45 million, and KRW 50 million on February 24, 201.

Accordingly, the defendant acquired the victim's property by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of the Acts and subordinate statutes governing the copy of each certificate of borrowing, copy of the statement of transactions, decision of recommending compromise and decision of immunity;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (not only once a fine is imposed on a defendant, but also considering the relationship between the defendant and the complainant, how

1. Social service order under Article 62-2 of the Criminal Act;