A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person operating a restaurant in Busan Shipping Daegu D, and around September 2015, the construction site of the F apartment in Busan Shipping Daegu, Busan, and the victim He first introduced through the East merchant G, with an emphasis on the friendship and re-performance of the executive officers of the F Building, and "on the borrowing of KRW 300 million, the amount of interest of KRW 450,000 won per month (per 50,000 per month) shall be paid to the victim H, who borrowed KRW 300,000 from the loan of KRW 300,000,000 per month, and on October 21, 2016.

It was suggested to the effect that the F apartment owned by the local government or the 3,600 household apartment construction site located at the time of the non-payment of the loan will be immediately transferred to the public.

However, at the time of fact, the Defendant was in arrears with the obligation to pay approximately KRW 360 million (the lowest 10 billion credit rating), and the frequency of the operation continued, and there was no intention or ability to pay the principal and interest to the victim from the beginning because of extremely difficult financial circumstances, such as the use of the borrowed loan as a result of no particular revenue or property, in order to prevent the return of existing bonds.

In addition, even though the defendant was notified that he did not hold the right to operate the restaurant and that the operation of the restaurant is not possible in the site of the above box, he made a false statement as if he would transfer the right to operate the restaurant to the victim.

Accordingly, the Defendant, by deceiving the victim as above, received KRW 287 million from the victim to the bank account designated by the Defendant around October 21, 2015, and was directly delivered KRW 13 million in cash.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and G;

1. Each investigation report and the application of statutes governing credit rating data;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The amount obtained by the defendant for sentencing of Article 62-2 of the Criminal Code of the Social Service Order is not written.