The Defendant is a person living together with the victim D who had been living with the victim D from around 2009 to the end of February 2010.

1. On January 22, 2010, the Defendant issued a false statement to the victim on the victim’s residence, stating that “The Defendant sold the land in Sejong City, and the secondary compensation amounting to 3.3 billion won, and the second compensation amount to 3.3 billion won, with the money, demanded the victim to purchase the first raw materials to purchase the land.”

However, in fact, there is no land in the name of the defendant, and even if he receives the money from the injured party, he did not have any intention or ability to pay the money even if he received the money from the injured party.

Accordingly, the defendant deceivings the victim, and he obtained a total of KRW 10 million from the damaged person as a material purchase.

2. On February 11, 2010, the Defendant, at the victim’s residence, ought to give a gift to the victim by putting him/her off his/her name.

It shall be repaid with a loan of five million won.

“Falsely speaking.”

However, in fact, the defendant did not have any income due to lack of occupation at the time and did not have any intent or ability to pay money even if he did not receive money from the injured party.

Accordingly, the defendant deceivings the victim and obtained a total of 5 million won from the victim's futures to acquire them.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment] [the grounds for sentencing under Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending punishment] No person who has no basic area (from June to one year and six months] [the person who is subject to special sentencing] [the decision of sentencing] [the decision of sentencing] does not have favorable conditions such as recognition of and reflect against the defendant. However, the defendant again committed the crime of this case despite the fact that he was punished several times for the same kind of crime.