A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 16, 2012, the Defendant accused the victim E at the D store located in Sacheon-si Co., Ltd, that “The F apartment 106, Sacheon-si, Sacheon-si, F apartment 106, Sacheon-si, Sacheon-si, would lease the deposit amount of KRW 55 million to the victim E, and would also have the right to lease on a deposit basis in the said

However, in fact, the above apartment was not owned by the defendant, and the defendant did not have the authority to dispose of the above apartment, and at the time, the apartment was set up with the maximum debt amount of KRW 122,350,000,000,000,000,000, the debtor G, and the mortgagee of the right to collateral security, there was no intention or ability to set up a right to collateral on the apartment

As above, the Defendant, by deceiving the victim, received 50 million won in total from the victim's account in cash and received 50 million won in the name of the victim as security deposit money, and acquired 55 million won in total from the agricultural bank account under the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. An investigation report (investigation of the details ofG call, etc.), real estate sales contract, detailed statement of financial transactions, certified copy of a register, etc., and an investigation report (to hear victim E-mail statement);

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the basic area (six months to one year and six months) of the types of general fraud (less than 100 million won) (no person specially punished);

2. In light of the fact that the amount of fraud of this case, which is considerably large, has been recovered from damage or has not reached an agreement with the victim, and that the defendant has been punished several times for the same crime, a strict punishment against the defendant is inevitable.

However, the fact that the defendant is against the view of committing the crime of this case, and 30 million won out of the amount of fraud.