A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On April 2013, the Defendant became aware of the victim E who served as the above hospital manager while performing the community service order that was sentenced by the branch court of the Changwon District Court in the Dvalescent Hospital located in Jinju-si.

On September 4, 2013, the Defendant: (a) around September 4, 2013, at the aforementioned convalescent hospital, decided to acquire an apartment house equivalent to KRW 150 million at the market price from a person who was liable for gambling debts of KRW 55 million to the victim in the instant convalescent hospital; (b) at the time of acquisition by transfer of an apartment house owned by the said gambling debtor, the Defendant reselled the apartment house of KRW 40 million at KRW 150 million and paid KRW 20 million to the Party for the said KRW 450 million to the Party."

However, in fact, the Defendant had no property at the time and had a debt equivalent to KRW 6 million for the wedding assets loan, and did not have the gambling claim amounting to KRW 55 million, so there was no intention or ability to repay the borrowed money by acquiring an apartment from the gambling debtor.

Rather, the Defendant was thought to pay the Defendant’s gambling debt or use it as living expenses.

Nevertheless, the Defendant deceiving the victim as above and received 40 million won from the victim to the Defendant’s post office account in the name of the apartment purchase price on the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Certificates of deposits without passbooks;

1. Application of Acts and subordinate statutes on credit reports;

1. On February 20, 2013, the relevant Article of the Criminal Act, Article 347(1) of the Criminal Act, and Article 347(1) of the Criminal Act, and the Defendant’s reason for sentencing the choice of imprisonment with labor is as of February 20, 2013, who was sentenced to a two-year probation period, probation period, and community service order for 240 hours in imprisonment with labor for the crime of injury at this court, and the probation period becomes final and conclusive.