A defendant shall be punished by imprisonment for a period of two months.

Of the facts charged in the instant case, the fraud against the victim B is acquitted.

Punishment of the crime

[Criminal record] On November 28, 2014, the Defendant was sentenced to imprisonment with prison labor for one year and six months for fraud in the Gwangju District Court Branch Branch on September 24, 2015 and the said judgment became final and conclusive on September 24, 2015.

[Criminal facts]

1. On June 25, 2013, the Defendant made a false statement to the effect that “A victim C, who agreed to carry out a gathering project of earth and stone, along with the above gathering of earth and stone, is subject to the designation and public notice related to permission for gathering earth and stone, and if it is necessary to cover KRW 10 million in the name of expenses, he/she will settle the case while carrying out the gathering project of earth and stone later.”

However, in fact, the defendant was planned to use money from the victim at the time for personal purposes, such as repayment of debts, and could not carry out affairs related to permission to collect earth and stones, so he received money from the victim.

(2) there was no intention or ability to pay the price.

The Defendant: (a) by deceiving the victim as above; (b) received KRW 10 million from the victim to the E bank account in the name of D on the same day; (c) KRW 1.8 million from the G bank account in the name of F on July 23, 2013; (d) KRW 2.5 million in cash from July 7, 2013; and (e) KRW 2 million from the G bank account in the name of F on August 7, 2013 to the G bank account in the name of F on August 9, 2013; and (e) KRW 300,000 in total from the G bank account in the name of F on August 9, 2013.

2. On July 2013, the Defendant made a false statement to the same victim that “I would pay the price in advance if I would make a credit card,” which is to be used as a guard, on the following grounds: (a) the Defendant was designated and publicly notified in relation to permission to collect earth and stones; and (b) the Defendant would make a credit card transaction.”

However, the defendant did not have the intention or ability to pay credit card bills because he could not perform not only the plan to use credit cards, etc. for personal purposes, but also could not perform the business related to permission for collecting earth and rocks.

The defendant deceivings the victim as above, and is equivalent to KRW 8,137,295 with the E-bank credit card in the name of the limited company H, the victim of which was feasible from July 10, 2013 to the 26th day of the same month.