A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

around November 10, 2011, the Defendant stated that “Around the Namyang-si, the Victim F’s house located in the E building 402, the Defendant borrowed KRW 20 million as the due date for repayment on December 30, 2011, when G, a corporation that works as the representative director, carries out sewage purification work at H in Ansan-si, where G, a corporation that works as the representative director, carries out the sewage purification work, and the Defendant borrowed KRW 20 million as the due date for repayment on December 30, 201.”

However, the facts are that the defendant was not the representative director or employee of G, and did not receive any rights or authority from G, which is related to the above construction work, so there was no intention or ability to allow the victim to operate the above construction site or to repay the borrowed money.

Nevertheless, on November 15, 201, the Defendant acquired 20 million won in total from the victim, such as the transfer of 5 million won to the post office deposit account in the name of the Defendant’s spouse on November 15, 201, and 15 million won to the same account on November 19, 201.

"2013 Highest 577"

1. On February 201, 201, the Defendant stated to the effect that “The Defendant would build a new house with about 40 water supply at all times” to the victim K in the prospective site for the electric source house located in Pyeongtaek-gun J of Gyeonggi-gun, and that “The Defendant would first conclude a contract for the new house construction work if he left a model house. The model house construction cost will be paid together with the construction cost for the electric source house construction.”

However, the Defendant did not have any authority with respect to the construction of the above new house from the owner of the land scheduled for the above new house. Therefore, the Defendant did not have the ability to contract the said new house to the victim, and there was no economic ability for the victim to pay the said new house construction cost at the time.

The defendant deceivings the victim and is under his control.