The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

Punishment of the crime

In May 2013, the Defendant was the person determined as the highest purchaser of the auction case of the Daejeon District Court B Housing C in the Hongsung Branch of the Daejeon District Court around May 2013, and there was a close relationship with the victim D who had the said C lessee.

On May 14, 2013, the Defendant made a false statement to the victim who requested the Daejeon District Court to sell the above Category C which was awarded by the Defendant in the Hongsung-gun, Hongsung-gun, Hongsung-gun on the following day: “I am dye in advance, after being aware of the dye in advance when I am dye, I am dye in why I am dye. C. I am dye in advance, I would pay 5,320,000 won of the bid bond for the successful bid amount, and the remainder of the sale price will be in line with the date of payment.”

However, even if the defendant received money from the victim at the time of the sale price, it was thought that he will use it as operating funds and living expenses of the restaurant operated by the defendant, and there was no intention or ability to transfer it to the victim by paying the proceeds to the court.

Ultimately, the Defendant, by deceiving the victim as above, received 5,320,000 won in checks and cash from the above court on the same day as the proceeds of sale from the victim, and received 5,000,000 won from the new bank account under the Defendant’s name on June 10, 2013. On or around the 19th day of the same month, the Defendant received KRW 53 million in checks and one million in cash, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Copy, receipt, and certificate of a bankbook;

1. Application of Acts and subordinate statutes to credit information inquiry reports and investigation reports (for reference E and contents of telephone conversations);

1. The scope of recommending punishment according to the relevant Article of the Criminal Act, Article 347(1) of the Criminal Act, the reasons for sentencing of sentence for sentencing of imprisonment with labor [decision of types] is the recommended range of punishment according to the sentencing guidelines (decision of types] for the crime, the recommended range of less than KRW 100 million [No. 1], and the recommended range of punishment.