A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is between the victim B (n, 39 years of age) and the victim B (n, 39 years of age) on or around April 15, 2012.

1. On June 14, 2012, the Defendant, on June 14, 2012, concluded that “If the Mapo-gu Seoul Mapo-gu multi-family house is in a crisis that would go beyond the auction due to tax issues, the Defendant would return the income tax to the Defendant.”

However, at the time of fact, the Defendant did not have the income tax, and even if having borrowed money from the victim, the Defendant had been able to pay the borrowed money, and thus there was no intention or ability to pay the borrowed money.

As such, the Defendant, by deceiving the victim, received five million won from the victim to the national bank account in the name of the defendant living together D on the same day.

2. On November 23, 2012, the Defendant, on November 23, 2012, stated that “The Seoul Mapo-gu Seoul Mapo-gu multi-family house is at a risk beyond auction due to a debt problem, and thus, he/she would repay the debt if he/she lends 20 million won to the victim, and he/she would receive the deposit money from the person who takes the lease of 401.”

However, at the time of fact, the defendant did not have a plan to rent the above 401 house, and even if he borrowed money from the victim, he was willing to use it for the return of the deposit of the above 401 house tenant, and there was no intention or ability to repay the borrowed money, since he reached about 50 million

As such, the Defendant, by deceiving the victim, received 20 million won from the victim to the new bank account under the name of the accused on the same day and acquired it by defrauded.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Transfer certificate;

1. Application of Acts and subordinate statutes on investigation reporting;

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

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

1. Article 62 of the Criminal Act: