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

The defendant shall pay 65,250,000 won to the applicant through fraud. In this case, the defendant shall pay the applicant the amount of compensation.

Punishment of the crime

On February 14, 2013, the Defendant: (a) deemed that the Defendant was to have been awarded a successful bid under his/her own name; and (b) did not have the intent or ability to receive a successful bid for the Defendant’s apartment for the Defendant; (c) provided, “The Defendant would make the Defendant be able to obtain a successful bid for the real estate through an auction; (d) provided, “The Defendant would have the Defendant would be able to receive a successful bid for the real estate under his/her own name as a bad credit holder, so that he/she would be able to collect money from the injured party after he/she was awarded the successful bid for the apartment under his/her own name; and (e) received KRW 10,60,00 from February 14, 2013 to March 18, 2013 as the cost of the successful bid, etc. from March 14, 2013 to KRW 24,013; and (e) received KRW 60,305,015,20.

Summary of Evidence

1. Statement of the witness C, F and G in the second public trial record;

1. Statement made by the witness H in the third public trial records;

1. Statement concerning the accused in part of the protocol of interrogation of the suspect to the prosecution (including each statement of C and F);

1. Statement made by the police with regard to C;

1. Written confirmations of F and G;

1. Application of Acts and subordinate statutes on a copy of a passbook under the name of the defendant, a certified copy of the register, receipts, rulings, and borrowed money

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act (the point of fraud) and the choice of imprisonment with prison labor for the crime;

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. Determination as to the assertion by the Defendant and his/her defense counsel under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings Concerning

1. The gist of the argument is that the defendant received KRW 80 million from the person who was injured by the first police officer on February 2, 2013 and deposited the money into the passbook under the name of the defendant. However, this is that the defendant was paid KRW 80 million, which the defendant lent to the victim on June 2008, and thus the defendant was paid KRW 80 million, there was no fact that the defendant received property owned by the victim or by deceiving the victim.

2. The key issue of the instant case is KRW 80 million that the Defendant received from the injured party.