A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

1. Around May 24, 2014, the Defendant made a false statement stating that “The victim E calls from the Down-gun’s operation of the Defendant, which is located in Kangsung-gun, and paid half of the tender price of the 50 million won.” In short, the Defendant borrowed KRW 7 million as operating expenses for the 50 million in return for other money.”

However, in fact, the Defendant did not have any money that can receive by offsetting all of the money paid in the above successful bid bid amount against the obligation to be paid to the proprietor. Since the Defendant bears a debt of at least KRW 80 million, such as bonds with no property owned by the Defendant, etc., and the Defendant cannot be able to pay interest with multiple income, the Defendant did not have any intent or ability to repay even if he borrowed the above money from the victim.

Ultimately, around May 24, 2014, the Defendant, by deceiving the victim as such, received 7 million won from the victim to the Nonghyup Bank (F) account in the name of the Defendant and acquired by defrauding the victim.

2. Around August 10, 2014, the Defendant made a false statement that “The victim E cited and paid half of the successful bid price of the 50 million foot to the victim E”. The Defendant stated that “The Defendant borrowed the 50 million foot to the extent that he/she has repaid other money.”

However, the Defendant did not have any intent or ability to repay the said money even if he borrowed the money from the victim on the grounds of the same reasons as the statement in paragraph (1).

Ultimately, the Defendant, by deceiving the victim as such, received 8790,000 won from the victim to the said Nonghyup Bank account on August 10, 2014 and acquired it by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. A copy of a deposit, a copy of a loan certificate, a copy of a deposit certificate, a statement of each deposit and withdrawal transaction, and the application of credit information statutes;

1. Article 347(1) of the Criminal Act of the relevant Article of the Criminal Act concerning the facts constituting an offense (generality).