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

Punishment of the crime

1. On March 19, 2007, the Defendant: (a) had the wife C call the victim D at the studio located on the Dong-dong branch of Dong-do, Gangwon-do; and (b) demanded the victim D to “I will complete payment within one month, if I will lend KRW 5 million to the hospital located in Seoul due to a traffic accident.”

However, in fact, the defendant did not intend to use the above money as C's hospital care costs, and there was no other property or income, and there was no intention or ability to repay the money to others even if it borrowed the money from others.

As above, the Defendant, by deceiving the victim, obtained on March 19, 2007, KRW 5 million from the victim and acquired it by deception.

2. On March 23, 2007, the Defendant knew of the fact that the victim D sought a house through the wife in the studio located on the Dongdong-si, Gangwon-do. The Defendant received money from the victim for personal consumption on the pretext that he would proceed with the auction procedure instead of the auction procedure.

Accordingly, the Defendant, together with C, confirmed the land and buildings in the East Sea 100-3, the same as the 3rd party at the time of the East Sea, which is an auction object, and told C to the effect that the said land and buildings will be awarded a successful bid instead of paying the down payment to the victim.

However, even if the defendant received money from the victim, he thought that he will be used for the personal purpose, not for the auction, so there was no intention to receive a successful bid for the above land and buildings.

On March 23, 2007, the Defendant deceptioned the victim as above, and acquired 7 million won as down payment from the victim, 200,000 won as the down payment on April 27, 2007, and 200,000 won as the remainder payment on May 17, 2007, and acquired 29 million won in total as the remainder payment.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. The statement of D in the police interrogation protocol (second time) against the accused is made.