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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the representative director of C (State) established for the purpose of the sale and purchase of real estate, lease consulting, etc. in Ulsan-gu, Ulsan-gu, and the victim D is the representative director of F (State) of the removed construction business entity in Seojin-gu, Seoul-gu.

On May 11, 2015, the Defendant loaned KRW 20 million to the victim in relation to the removal and reconstruction of the land and buildings located in the Cheongju-gu Seoul Special Metropolitan City equivalent to the Cheongju Special Metropolitan City promoted by the said Section (State), “If the victim lends KRW 30 million to be used as the design cost for public and public taxes and new buildings, KRW 50 million to be used as the director cost of a lessee of a building, and KRW 50 million to be used for the said purpose, he/she will use the PF for the said purpose, obtain a loan from the bank and repay it without molding until June 10, 2015, and from May 15, 2015, he/she will be able to perform the removal construction work at the said construction site.

“Written,” and written the above-mentioned contract.

However, in fact, the defendant thought that most of the money was used at the expense of the company or borrowed money from the victim to the customer, etc., and it was not clear whether the money requested by the bank will be carried out, and the above business could not be carried out if the money was not reconstructed due to the lack of funds. Therefore, the defendant did not have any intent or ability to perform the terms of the above contract.

Nevertheless, the defendant deceivings the victim as above and acquired 50 million won from the victim to the account under the above C (State) name (New Bank J).

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning D or K statements in the second examination protocol of the suspect against the accused;

1. A standard contract for construction works;

1. A copy of the passbook, an inquiry of the details of deposit transactions, a certificate of transfer verification, a statement of each account transaction, a statement of liquidity transactions, and an inquiry of the principal's financial transaction;

1. Certified copies of donations, each extradition agreement, and the application of statutes;

1. Relevant Articles of the Act concerning the facts constituting the crime;