A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On April 4, 2014, the Defendant was sentenced to 8 months of imprisonment and 2 years and six months of imprisonment at the Seoul Eastern District Court for fraud, etc. and completed the execution of the sentence on May 14, 2016.

On July 11, 2018, the Defendant made a false statement to the effect that “A person who intends to enter into a contract under subparagraph 2 of the building B, who intends to enter into the contract, may receive a sales commission from the internal executor if he/she enters into the contract with the victim” in the sales agency office of the building B, which is operated by the Defendant located in the building C at Sejong-si, and that if the above commercial building is a contract, the subscription will be revoked, and the subscription will be returned to the principal amount of the subscription plus KRW 35 million out of the sales commission.”

However, there was no person wishing to enter into the above B building E, and even if the defendant received money from the victim as the above subscription money, it was thought that it would be used as the defendant's separate real estate investment money, not as the above subscription money, and thus, it was not possible to receive a sales commission from the executor, so there was no intention or ability to pay the victim the principal and additional 35 million won.

On July 12, 2018, the Defendant, by deceiving the victim as above, received KRW 50,000,000 under the name of the National Bank account (Account Number F) in the name of the Defendant from the victim, and received KRW 50,000 from the victim, from September 13, 2018, the Defendant received the remittance of KRW 150,000,000 in total over five times, as shown in the separate crime list, from September 13, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. A copy of a bankbook, details of each account transaction, and application form;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment reports of the same type of force), and statutes;

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

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Scope of punishment by law: One month to twenty years;

2. The types of recommendations according to the sentencing criteria.