A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The defendant around November 4, 2014, at the C depository located in Seoul Special Metropolitan City Gwangjin-gu, the victim D, "The long-term care hospital located in Gangdong-gu Seoul Metropolitan Government E has been put up for a public auction, and three persons want to receive a successful bid.

A false statement was made that if a contract is awarded at the time of lending money, the interest shall be paid for six months, and if the contract is not awarded, the principal shall be returned by adding 30 million won to the principal.

However, there was no fact that the convalescent was out of the public auction, and even if the victim received money from the injured, there was no intention or ability to pay the principal and interest or to additionally pay 30 million won.

The Defendant received money from the injured party for the purpose of borrowing money from a bank account (Account Number:F) in the name of the Defendant, from the injured party, from transfer of KRW 150 million around November 5, 201, and KRW 140 million around November 11, 2014, and by deceiving the injured party to transfer property.

Summary of Evidence

1. Legal statement of witness G;

1. Statement made by the witness D in the third public trial records;

1. Each protocol of suspect interrogation of the accused by the prosecution (including the part concerning the statement ofG or D);

1. The protocol concerning the examination of suspects of G by each prosecutor's office (including the part concerning the statement of the accused and D);

1. Two copies of a loan certificate, each recording recording, each letter printed out, warrant answer materials: G, H trading details, verification evidence of transaction details, etc.;

1. Application of Acts and subordinate statutes to a investigation report (to attach details of transactions in G passbooks, to telephone investigation, and to a witness H telephone call);

1. Determination as to the assertion of the defendant and his defense counsel under the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act regarding the crime (the choice of imprisonment with prison labor)

1. At the time when G borrowed money from the damaged party, the main point of the argument is that the Defendant merely provided joint and several sureties at the victim’s request and did not borrow money by deceiving the victim, and the Defendant also was accused of G.

2. Determination

A. The following facts are acknowledged according to the evidence duly adopted and examined by this court.

(1) The defendant and the victim are aware that they live in Gwangjin-gu I for a long time.