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

Punishment of the crime

The Defendant is a person operating a real estate consulting company D, and the victim E is the owner of the land F and five parcels of land (hereinafter “instant land”). The Defendant became aware of the victim who was trying to newly construct and sell the instant land through the introduction of G around September 2013.

On March 3, 2014, the Defendant stated that “The Defendant would have the Plaintiff borrow KRW 3 billion as collateral the instant land, and there should be evidence that the Defendant provided the architectural design under the name of the owner of the building in order to obtain the loan. The Defendant sent KRW 70 million to the J of the architectural design as so notified. If there is no money, the Defendant would allow the borrower to borrow the instant land as collateral at the lending company, and the remitted money would return J or within the Republic of Korea after the bank was loaned.”

However, in fact, the Defendant did not have the intent or ability to allow the victim to obtain a loan of KRW 3 billion, and there was a fact that the Defendant entered into a design contract with the construction design private person with the J, but the victim was able to return most of the 70 million won transferred to J and use it for living expenses, personal debt repayment, etc. At the time, the Defendant was in bad credit standing, such as seizure of passbooks by reaching KRW 150 million. Therefore, there was no intention or ability to return the money remitted by the victim.

The Defendant deceptioned the victim as above, and caused the victim to transfer the amount of KRW 20 million on March 14, 2014, and KRW 50 million on March 18, 201 to each J’s account. The Defendant defrauded the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of witness E and the legal statement of witnessJ in part;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Each written confirmation, deposit sheet, details of remittance of passbooks, certificates of payment details, design contract, and details of transactions of deposits and withdrawals;

1. Application of the Act and subordinate statutes of the Investigation Report (K Telephone Investigation for Witnesses).