A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

In fact, due to insufficient living expenses, etc., the Defendant thought that he/she will be used for personal purposes even if he/she receives money from the victim C as the down payment, and there was no intention or ability to lease the shopping mall to the victim.

Nevertheless, around August 7, 2015, the Defendant, at the office located in Gangnam-gu Seoul Metropolitan Government, called “to lease two commercial buildings in the E building” to the victim C, received KRW 6 million from the victim under the name of the Defendant as the contract deposit, and received KRW 1 million under the same name as of August 24, 2015.

The Defendant, including this, received the total sum of KRW 18 million from the victims nine times from August 7, 2015 to December 29, 2015, under the name of the shop rent contract deposit, etc., as shown in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to F, G, H, I, B, and C;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Articles 25 (1), 31 (1) and 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. Grounds for sentencing under Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits with Sentence of Provisional Execution;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. Scope of the recommended punishment according to the sentencing guidelines (the type of punishment shall be determined on the basis of the sum of gains, in the case of concurrent crimes of the same kind of fraud crime) / [the type of punishment] below 100 million won in the general fraud [the person subject to special sentencing] mitigated elements: In a case where the punishment is not or significant damage has been recovered [the territory of recommendation and the scope of recommended punishment] mitigated areas, one month from January to one year [the person subject to general sentencing] mitigated elements: Serious reflectness and no record of criminal punishment;

3. Grounds for probation [Main Reasons for Consideration] positive: substantial.