A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 2010, the Defendant made a false statement to the victim D’s office at the office of C Co., Ltd. where the Defendant in the 10th floor of Hacheon-si, Hacheon-si, would lend KRW 40 million to the victim, including the principal and interest, within 2-3 months.

However, the defendant did not have the intent or ability to repay the above even if he borrowed money from the victim because the defendant was in excess of his liability and the expenses to be paid are more than the income.

The Defendant, from the victim on June 30, 2010, KRW 3 million around June 30, 201, and the same year.

7.5.Around May, 2000 won was delivered and around 7.0 million won around the same month, respectively.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes on the deed of trust, the certificate of loan;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (Fraud and Selection of Imprisonment);

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is against the Defendant’s mistake in depth, the Defendant’s repayment of KRW 10 million out of the amount of damage to the Defendant, and the Defendant has no other criminal record except for the previous conviction due to the violation of the Road Traffic Act, taking into account the following factors: the Defendant’s age, family environment, etc.; the Defendant’s sentence of imprisonment is to be imposed, and the execution of the sentence is to be suspended, and the sentence is to be imposed

It is so decided as per Disposition for the above reasons.