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

except that 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 2, 2009, the Defendant made a false statement to the victim C by stating that “A project funds are insufficient to carry out a new renewable energy project, so the Defendant would offer an apartment building No. 103 607 Dong-gu, Daegu-gu, Daegu-gu, Seoul-gu, as security, and immediately pay money if the apartment is sold, and that a registration certificate will be required to sell an apartment as security.”

However, the facts did not have the intention or ability to complete the payment even if they borrowed money from the victim.

On December 31, 2009, the Defendant issued two copies of a cashier’s check of KRW 10 million from the victim; around January 5, 2010, one cashier’s check of KRW 10 million; one cashier’s check of KRW 2 million; and three million in cash. On January 29, 2010, the Defendant received KRW 14.8 million from the account under the Defendant’s name and received KRW 49.8 million in total.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the accusation, certified copy of register, loan certificate, statement of transactions, and certificate of registration;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [decision of a suspended sentence] The reason for sentencing under Article 62(1) of the Criminal Act : Fraud group, general fraud, and less than 100 million won (type 1): In addition, [decision of a suspended sentence] mitigation area: Imprisonment with prison labor for not more than one year (decision of a suspended sentence): The reason for a suspended sentence of imprisonment for not more than one year (decision of a suspended sentence of imprisonment): The reason for a suspended sentence of not more than one year; the reason for a suspended sentence of not more than one year; the reason for a suspended sentence of not more than one year; the social relation is clear; there is no criminal conviction or more; the defendant's liability for a suspended sentence of not less than 8 months; but the defendant