A defendant shall be punished by imprisonment for six months.

except that 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, around September 20, 201, at the D Office located in the third floor of the Seoul Southern-gu Seoul Metropolitan City C building on the third floor, stated that “The Defendant would lend KRW 50 million to the victim F (52 years of age) through E, only three months shall be paid. Interest shall be paid in three copies per month and provisional registration shall be made as security for multi-family houses located in Dongdaemun-gu Seoul Metropolitan Government G. The above multi-family house shall be KRW 460,000,000 for one bank loans.”

However, the above multi-family house is merely about KRW 520,000 to KRW 550,000,000,000 at the time. In addition to the above house's loan amounting to KRW 460,000,000, one bank loan was already secured, if the defendant notified that he had a lessee as above, he could not borrow KRW 50,00,000 from the victim, and even if the defendant did not borrow money from the victim because he did not have any property or income other than the above house, he did not have any intention or ability to repay it.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 50 million from the victim as the borrowed money.

Summary of Evidence

1. Each legal statement of witness F, E, and H;

1. Letter of payment;

1. A certified copy of each real estate register;

1. The multi-household charter contract;

1. Certified copy;

1. A report on rights and a request for distribution;

1. Details of inspection by each transfer household; and

1. Application of each receipt statute;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The suspended sentence under Article 62(1) of the Criminal Act provides that a sentence shall be imposed in consideration of all the circumstances, including the fact that the defendant denies the criminal intent, but the defendant is the first offender and the victim cancels the criminal complaint, the defendant is detained for about four months, the husband was dead, and there is no other family member;