A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Criminal facts

1. On May 28, 2015, the Defendant may obtain a loan of KRW 300 million from a victim of a restaurant operated by the victim D on May 28, 2015, where the Defendant purchased the land in Gyeonggi-do military territory and borrowed the land as security to the bank.

A false statement was made to the effect that “A person is entitled to receive a loan with preferential repayment of other debts by June 30, 2015, such as previously borrowed money.”

However, even if the Defendant borrowed money from the injured party, the Defendant did not have any idea to purchase the land in the militarypos as above, and thus did not have any intent or ability to receive the loan as promised.

Nevertheless, the Defendant deceivings the victim and received 500,000 won in cash and 73,00,000 won in checks on the same day from the victim.

2. On June 1, 2015, the Defendant left the victim at the place indicated in paragraph 1 of the same Article, “30 million won in the military capture construction site,” while introducing KRW 120 million in the face of the introduction to the victim, and left the victim at the large bathing beach site with KRW 30 million in the face of large bathing beaches.

A false statement was made to the effect that, if a person lends KRW 20 million to dispose of other debts, he/she would make repayment by June 30, 2015, such as the borrowed money prior to lending.

However, as seen above, the Defendant did not purchase a military ground or engage in a bathing beach business, and thus, the Defendant did not have any intent or ability to repay money from the injured party.

Nevertheless, the defendant deceivings the victim as above and was delivered 20 million won in cash from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a copy of a loan certificate and a certificate;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the type of decision] is the type 1 (less than KRW 100 million) (the person who is subject to special sentencing].