A defendant shall be punished by imprisonment for not less than one year and six 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

1. On November 16, 201, the Defendant stated that “On the front road of the Dogwon-si, Changwon-si, Seoul Central Agricultural Cooperative Federation, the Defendant would be scheduled to determine the land in the Gimhae-si as a site for the construction of apartment, and apartment will be completed within ten months, and apartment will be completed within 10 million, and if the land is short of funds, 400 million won may be reduced.”

However, at the time, the defendant was in bad credit position, and there was no intention or ability to pay off money from the victim even if he borrowed money from the victim because he did not have any contract related to apartment construction in Kim Sea.

Nevertheless, the defendant deceivings the victim as above and acquired it by deceiving the victim immediately after receiving KRW 188 million from the victim.

2. On February 16, 2012, the Defendant concluded that, “Around February 16, 2012, the Defendant would complete payment without molding within one year if the Defendant borrowed additional money from the victim, who purchased the land in the counter of Changcheon-si, Changcheon-si.”

However, at the time, the defendant did not purchase the land in Sacheon and thought that he would use the land for personal purposes, such as cost of living, rent of a vehicle, etc. from the victim, and there was no intention or ability to make a timely repayment of the money to the victim.

Nevertheless, the defendant deceivings the victim as above and obtained 300 million won immediately from the victim and acquired it by fraud.

Summary of Evidence

1. Statement of C by a witness in the second protocol of trial;

1. C’s statement concerning the suspect examination protocol of the accused;

1. Statement of the police statement regarding C;

1. A complaint;

1. Determination as to the defendant and defense counsel's assertion of investigation report (Attachment to the statement of transaction of passbook C by the victim C), investigation report (Attachment to the documents related to the details of checks withdrawn by the victim)

1. Summary of the assertion

A. On November 16, 201, the Defendant, who committed fraud, committed on November 16, 201, committed on November 16, 201.