A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who has operated C, a company that performs the business of apartment reconstruction by proxy in the old city B.

On December 2, 2014, the Defendant made a false statement to the effect that “The Defendant would substitute pay and dispose of the purchase price of an apartment newly constructed by the E apartment reconstruction project during the stay in a foreign country to the victim D at the above C office.”

However, the defendant thought that he would use the money received from the victim to pay his debt, and the above apartment reconstruction project was a situation in which the sale rate is low and does not normally proceed.

As above, the Defendant, by deceiving the victim as above, obtained a total of KRW 189,50,000 from the victim to the Nonghyup Bank account (F) in the name of the Defendant on December 29, 2014, and obtained a total of KRW 70,000,000 on July 21, 2016, and KRW 40,000 on November 28, 2016, and acquired a total of KRW 189,50,000 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Three copies of a notice of completion of registration information and a notice of completion of registration, apartment sales contract, certificate of completion of registration of real estate transactions, certificate of payment of acquisition tax, statement of payment of liquidity transactions, transfer certificate, three copies of transfer certificate, meeting of liquidity transactions, camera dialogue, two copies of account transactions, and application of credit information-related Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types]: General Fraud [Type 2] and above KRW 100,000, and below KRW 500,000 (specially punished persons] mitigated factors: In cases where punishment is not granted or significant damage has been recovered (the area of recommendation and the scope of recommended punishment] mitigated areas, and ten months through two years and six months;

3. The fact that the amount of punishment to be determined is the maximum amount of damage: Provided, That there is no penalty force exceeding the same kind of punishment and fine, and the victim's wife;