On September 2012, the Defendant called the victim C at the Buddhist land and made a false statement to the victim C, stating that “The Defendant requires the personnel expenses to be paid at the time of receiving the restaurant operation right by requesting the son to the son. To this end, the Defendant sent money.”

However, the victims did not have the intention or ability to give the right to operate the restaurant in the site of the new apartment construction work.

Around September 14, 2012, the Defendant, by deceiving the victim as above, received a total of KRW 20 million from the victim’s account in the name of the Defendant’s wife (E) and KRW 50 million to the same account around November 19, 2012, including KRW 30 million and KRW 100 million.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of statutes to the specification of transactions of passbook C in the name of national bank;

1. Grounds for sentencing under Article 347 (1) of the Criminal Act with respect to the facts constituting an offense;

1. Criteria for sentencing [Scope of recommendations] General Fraud types 2 (not less than 100 million won, but less than 500 million won) and basic area (not less than 1 year to 4 years) (no special person)

2. In full view of all the circumstances, including the fact that the Defendant made a confession of the instant crime, the criminal intent of the Defendant by deception is not visible in a planned and conclusive manner, the Defendant has no same criminal record, and the Defendant has endeavored to recover damage to the victim, the punishment shall be determined within the scope of the above sentencing criteria, and such punishment shall not be binding in this court to give the Defendant an opportunity to agree with the victim.