A defendant shall be punished by imprisonment for six 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

Around November 14, 2011, the Defendant made a false statement to the victim D, stating that “The Defendant would return KRW 33 million after the month when he/she lent KRW 30 million to 30 million in the purchase cost of used machines in order for the victim E to engage in the repair business of used machines with a well-known knowledge of inside and outside of the country.”

However, at the time of fact, the Defendant did not have any personal debt of approximately KRW 100 million, while there was no fixed revenue source due to the absence of an occupation. However, the Defendant had no intention or ability to pay KRW 30 million for the repayment of the personal debt or the purchase of used machines even if he borrowed money from the victim, on the ground that he was thought to lend KRW 20 million to E with KRW 10 million with the personal debt of KRW 10 million.

The Defendant, by deceiving the victim as above, was given 30 million won as the fund for the purchase of used machines around that time by the victim.

Accordingly, the defendant acquired the victim's property by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to F and D;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;