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

Around July 10, 2010, the Defendant made a false statement to the victim D that “I wish to obtain a successful bid of real estate auction goods, I will invest money. I will leave the difference between 25% and 30% of the principal invested. I will invest in trust money.”

However, even if the Defendant received money from the victim, the Defendant did not have any idea to purchase the auction goods, and tried to lend money to the (State E, etc.) in relation to the credit business in which he operated. (State E did not pay the money existing from the Defendant at the time and did not take measures to pay the money in the future. Since the remainder was thought to be used for living expenses, there was no intention or ability to pay the profit agreed upon even if the money was received from the victim from the beginning.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 70 million in total from the victim on July 19, 2010, including KRW 30 million on August 23, 2010, KRW 30 million on August 23, 2010, and KRW 15 million on December 15, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the statement of F in the second and third police interrogation protocol against the accused;

1. F's statement in the protocol of interrogation of the police officer in G;

1. Statement of D;

1. Investigation report (related to the investigation of the contact call of a witness H);

1. Application of Acts and subordinate statutes to investigation reports (in relation to the current status of issuance of certificates of personal seal impression by the complainants), twice to the accused, reference materials attached to each police interrogation protocol of the accused, investigation reports (statements of account transactions, status of application for payment order, current status of application for payment order, and statement of automation transaction) and investigation reports (in relation to the current status of

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

1. The fact that the Criminal Code Article 62(1) of the Criminal Code is not good, that the amount of fraud is not sufficient, and that the promise to compensate has been repeated.