A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On December 7, 2016, the Defendant: (a) drafted a written statement to the victim C, introduced through B in the Seo-gu, Seo-gu, Seo-gu, Gwangju, stating, “A fishery product processing factory is not sufficient in order to be established within the Republic of Korea to export to China; (b) if the Defendant loans KRW 50 million for business funds, the Defendant would repay the amount up to February 20, 2017; and (c) around February 12, 2017, in E in the law firm located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju, that “I will acquire, transfer, and transfer to C, one parcel and factory other than the 60,000 won of credit, if I would be aware of the repayment by February 20, 2017.”

However, in fact, the Defendant borrowed money from Bona-gun to the victim upon the request of Bona-gun to find out the place where the Defendant would borrow money from the G to use the fishery product processing factory, but did not have the right to dispose of the above H land, which is the actual establishment of the fishery product processing factory or the fishery product processing factory site. It was thought that the Defendant paid KRW 30 million out of KRW 50 million borrowed from the victim to G, and used KRW 20 million to pay the Defendant’s personal debt.

On December 12, 2016, the Defendant, by deceiving the victim as above, received KRW 50 million from the victim to the Agricultural Cooperative Account in the name of the Defendant I (J) around 16:03 on December 12, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C, B, and G;

1. Application of statutes on the register of real estate, such as notes and certificates of personal seal impression, notarial deeds, and specification of transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The extent of damage to the crime of this case is not small, and circumstances favorable to the defendant that can have been punished for the same kind of crime: The defendant's mistake is recognized, and the victim does not want the punishment of the defendant by agreement with the victim.