A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On November 14, 2014, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months at the Incheon District Court on November 14, 201, and the judgment became final and conclusive on November 22, 2014.

On November 21, 2012, the Defendant, “D Real Estate” located in the Nam-gu Incheon Metropolitan City, stated that “A building permit was already granted to the victim E to build a new sand position panel factory in the G and, if construction cost is insufficient, the Defendant borrowed KRW 93 million as the construction cost is insufficient, he/she would receive the loan and pay KRW 100 million by completing the construction work until January 6, 2013.”

However, in fact, when the funds for the construction of the above factory are not less than 130 million won, the defendant thought that the funds received from the victim will first be consumed for the purpose of paying the personal debt or living expenses of the defendant, and there was no intention or ability to repay the funds even if he borrowed the money from the victim.

Nevertheless, the Defendant, as seen above, by deceiving the victim, and then deceiving the victim from the victim, 60 million won around November 23, 2012, and 33 million won around December 28, 2012 to the account of community credit cooperatives under the name of the Defendant, acquired the total amount of KRW 93 million from the victim to the account of community credit cooperatives under the name of the Defendant.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Statement to E by the police;

1. A certificate of borrowing and a certificate of details by member trading account;

1. Previous convictions in the judgment: Case search (In Incheon District Court No. 2014No3082), court rulings (In Incheon District Court No. 2014No3082), court rulings (In Incheon District Court No. 2014No3082), and application of statutes (In Incheon District Court No. 2014

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. The fact that there has been an agreement with the victim on the reason of sentencing in the latter part of Articles 37 and 39(1) of the Criminal Act, one time to suspend the execution of the same kind of crime, and other criminal records of the fine of eight times more than that of the same crime, the recognition of and reflects on the crime, and other facts that have been sentenced simultaneously with the final and conclusive judgment, equity, fraud amount, Defendant's age, character and conduct, environment, etc.