A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On January 13, 2006, the Defendant made a false statement to the effect that “the Defendant would pay money to the Victim C” in the “Gangland Casino in the Seowon-gun, Seowon-gun, Seowon-gun, Seowon-gun,” and that “the Defendant would pay money to the Victim C within 000 days if he/she borrowed money.” On or around the 16th day of the same month, the Defendant made a false statement to the effect that “The Defendant would lend money to the Victim for expenses incurred in relation to the loan, and would repay the money if he/she borrowed money.”

However, the Defendant, at the time, has reached an amount of KRW 1.6 billion, and at least KRW 700,000,000, out of loans and the sales price of the above building offered by the bank as collateral, was difficult to repay the bank obligations and the construction price related to the above building because there was no particular property, so even if the Defendant borrowed the above money from the victim, the Defendant did not have any intent or ability to repay the money. In addition, there was no value as a collateral because the collateral security was established for the above building 104 billion, which the Defendant provided as collateral to the victim.

The Defendant, as such, by deceiving the victim, obtained a total of KRW 100 million from the victim, including KRW 90 million around January 13, 2006 and KRW 10 million around the 16th day of the same month, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of the police statement regarding C;

1. A certified copy of the register;

1. Sales contract;

1. Application of Acts and subordinate statutes on deposit certificates;

1. In full view of the pertinent legal provisions on criminal facts and Article 347(1) of the Criminal Act’s choice of punishment for sentencing, the injury caused by the instant crime was not recovered, the victim’s wished to punish the Defendant, the amount of damage in this case is not much, and the Defendant’s circumstances after the crime are committed, a sentence of punishment is inevitable, and thus, the same sentence as the order is imposed.