A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

The Defendant, as a building company, was the construction company of Eunpyeong-gu Seoul Metropolitan Government CBD around August 2008 and was responsible for the debt amounting to KRW 400 million. Even if a new building was built and sold, there is no remaining debt amounting to the above KRW 400 million, and eventually, the Defendant did not have the intent or ability to repay the borrowed money to the victim D. In short, on March 22, 2010, the Defendant would pay the victim D the money by selling it later through the mother E who is aware of the fact.

“Falsely speaking,” the victim D received KRW 10 million from the victim D on March 22, 2010 as the borrowed money.

From that time until November 21, 2014, the Defendant deceivings victims about a total of 17 times, such as the list of crimes in the attached Table, and acquired the total of 93.2 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Each police statement made with respect to F, G, H, and D;

1. Each creditor's list, each statement of transactions, each certificate of borrowing, written determination, certificate of transaction confirmation, and all certificates of registration;

1. Application of each statute on filing of a complaint;

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 34 (1) of the Criminal Act, and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of the recommended punishment] There is no basic area (from June to one year and six months) [the person subject to special sentencing] of Type 1 (less than KRW 100 million] [the decision subject to special sentencing] [the decision subject to sentencing] of the Criminal Act is not easy if the defendant takes into account the methods of deception and the amount of fraud mobilized for the crime of fraud, and the fact that a considerable portion of damage has not yet been repaid.

However, it presents the old repayment plan to the victim D and H, which is a majority of the amount acquired by deceit among the victims, and the fact that the defendant is aware of and against the crime.