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

Punishment of the crime

The defendant was working for the brokerage of real estate and the sale and purchase of apartment ownership.

On July 2013, the Defendant stated that “In the restaurant near Ulsan-dong, Ulsan-do, U.S., U.S., the Defendant may have a large profit in the short term on the part of the victim B by attaching a premium with the right to sell the apartment of Daegu and Busan-do area, a large amount of 0 million won, and a small amount of misunderstanding million won may be imposed.” On the part of the part of the victim B, the Defendant must guarantee the principal and the principal, and the borrowed money shall be repaid up to July 24, 2013, two later.”

However, in fact, the Defendant did not have any idea to invest in the right to sell apartment units, and there was no intention or ability to pay the amount normally even if the money was received, because the Defendant paid damages to the right to sell apartment units that had already been purchased at the time, and there was a need to pay damages and pay other personal debts.

Nevertheless, the Defendant, as above, was accused of the victim and received KRW 50,000 from the victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes on details of financial transactions and account transactions;

1. The reason for sentencing of Article 347 (1) of the Criminal Code of the corresponding criminal facts [the scope of recommending punishment] of the punishment under Article 347 (1) of the Act on the Punishment of Criminal Crimes [the grounds for sentencing of Article 347 (1) of the same Act] There are no basic areas (6 to 100 million won) [the decision of sentencing] [the person who is a special person] [the decision of sentence] the amount obtained by deceit is up to 5 million won, the amount of damage is not affected with the exception of 10.5 million won, the defendant is divided and against his wrong, and the defendant has no criminal power, and other circumstances such as the motive, circumstance, means and method of the crime of this case, the situation before and after the crime, the defendant's age, character and behavior, career, environment, etc. as shown in the argument of this case, shall be determined as the