The defendant is C representative director Co., Ltd., a real estate consulting company, and the victim D is a person engaged in the distribution business under the trade name of "E".

In early 201, the Defendant: “A corporation newly constructs a commercial building in an area in which the Republic of Korea is located, and the construction work is completed, and only one month if it is short of the construction cost, will be used for the loan of KRW 100 million.” On May 31, 2011, the Defendant, who became aware of as a result of the introduction of a branch of the Republic of Korea around early 201, remitted the amount of KRW 50 million to the F’s account designated by the Defendant, KRW 5 million on May 31, 201, KRW 15 million to the G account on May 11, 201, and KRW 30 million to the H account on June 2, 2011, respectively.

However, in fact, while the Defendant did not have any particular property at home and abroad, the personal debt amounting to KRW 100 million and the corporate tax in arrears amount to KRW 10 million and the above commercial building is not possible to be completed within the short term, and there is no possibility that the above commercial building will be completed within the short term period, and there was no intention or ability to repay the money until

Accordingly, the defendant deceivings the victim and defrauds the victim of KRW 100 million.

Summary of Evidence

1. Defendant's legal statement;

1. Statement D in the interrogation protocol of the second prosecutor's office against the accused;

1. Application of details of transactions and each Act and subordinate statutes reporting investigation;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act (Optional to Imprisonment) concerning the punishment;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Application of the sentencing criteria [Determination of types] Fraudulent crimes, general fraud, type 2 (at least 100 million won, less than 500 million won) (decision of recommending punishment] without any person (decision of recommending punishment), basic area of imprisonment, one year and four years;

3. Determination of sentence: Imprisonment with prison labor for a considerable period of punishment is inevitable in view of the circumstances such as the method of committing a crime in August and the degree of damage that may not be minor;

However, the Defendant recovered part of the damage late after the closing of the argument in this case, but the instant case.