A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

[2014 Highest 2134]

1. On July 2009, the Defendant recommended the Victim C, a senior patrolman, to “I will have sold a good land at auction in Gyeonggi-do, and will be awarded a successful bid. I would be able to receive a successful bid on behalf of Iging.” The Defendant introduced that I would bring the victim into the auction of the real estate at Gwangju City of Gyeonggi-do.

2. Around July 9, 2009, the Defendant stated that “the date of bidding is due” to the victim’s “F Han-only store operated by the victim in Gwanak-gu in Seoul Special Metropolitan City.” As a certificate of personal seal impression is necessary to receive a successful bid on behalf of a son, the Defendant would deposit KRW 60 million out of the certificate of personal seal impression and the preferential bid price.”

However, the above Gyeonggi-do Gwangju City did not intend to hold the bidding date on July 10, 2009 because the auction procedure was not in progress, and rather, the defendant failed to pay interest of KRW 500,000,000,00 which he had been under a serious demand for the repayment of principal and interest due to the failure of the defendant to pay the interest of KRW 500,000,000 which he had been residing as collateral, and thus, there was no intention or ability to receive the successful bid of real estate even if he received money from the victim as the money he was under a plan to use

Nevertheless, on July 9, 2009, the Defendant, by deceiving the victim as above, obtained KRW 30 million from the victim to the bank account under the name of the Defendant, KRW 30 million from July 10, 2009, KRW 50 million from August 11, 2009, KRW 50 million from August 12, 2009, and KRW 160 million from the said bank account.

[2014 Highest 2712] On April 2008, the Defendant made a false statement that “The Defendant would pay the victim money with money related to real estate, such as an auction of real estate, if he/she borrowed money, to the victim at the home of the victim H located in G in Hanam-gu, Hahnam-si, G, Seoul, with the intention of paying the money.”

However, the defendant at the time of fact.