On February 15, 2008, the Defendant made a false statement to the effect that “The Defendant would pay a considerable amount of profits together with the principal when investing in the auction money to the victim” at the residence of the Dongjak-gu Seoul Metropolitan Government Victim D (Death September 23, 2009).

However, in fact, the defendant did not have any specific occupation and did not have any property, and even if he received money from the victim as the investment money, there was no intention or ability to make profits due to lack of knowledge and experience in auction.

The Defendant received from the victim one copy of a check (issuance of a branch office and a check number E) of KRW 120,000,000 from the victim at face value.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. All the details, such as the issuance of checks (No. 16 No. 16 of the evidence list);

1. Application of Acts and subordinate statutes on cashier's checks;

1. The reason for sentencing under Article 347(1) of the Criminal Code of the relevant criminal facts [decision of the type] general fraud, type 2 (not less than 100 million won, and less than 500 million won] [the scope of the sentence of recommendation] imprisonment with prison labor - one year - four years (the basic area] [decision of the sentence] of the victim's failure to pay damages, etc., the sentence is inevitable. Thus, the defendant is a primary offender who has no record of punishment. The defendant is a criminal defendant who has no record of punishment. The sentence is determined as ordered by taking into account the motive and circumstance of the crime in this case, the defendant's age, character and conduct after the crime in this case, and other factors of sentencing as shown in the records, such as