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

Punishment of the crime

The defendant is a substantial operator of the C Company, and the victim D is a person who operates the D Company E by the Construction Business Company.

On November 2012, the Defendant, at the G office located in the Gangnam-gu Seoul Metropolitan Government F, made a false statement that “I apartment complex construction for the claimant-gun H is currently under deliberation by the Korea Land Trust Company for the construction cost, and the Si Corporation is Hyundai Asan Construction, and the company is expected to participate as the executor. If the Defendant lends money to the Na, it would be possible to perform the model housing construction for the above apartment complex.”

However, on October 8, 2012, the above apartment complex H site was attached by J's debt of KRW 20 billion to the Green Savings Bank, the owner of which was the apartment complex, and did not speak to the victim of the fact that the auction is being conducted. In Korea's land trust, there was no commencement of the deliberation of the trust of subsidies for construction costs on the ground of the fact that the auction is being conducted, and the modern Asan did not have approved the participation as the contractor, and the defendant was not allowed to undertake the above apartment model housing construction to the victim, and the defendant did not have any intent or ability to pay the money even if he received the money to the victim as the bad credit holder at the time.

As such, the Defendant, by deceiving the victim, received KRW 26.1 million from the victim on January 23, 2013, KRW 5 million on or around February 15, 2013, KRW 30 million on or around February 27, 2013, KRW 19.3 million on or around March 5, 2013, and KRW 63.05 million on or around March 5, 2013, from the Defendant’s ASEAN bank account.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D;

1. The reason for sentencing under Article 347(1) of the Criminal Code of the pertinent Article on criminal facts is that the defendant paid 25 million won, which is a part of the amount of damage to the victim (see, e.g., Investigation Record No. 165), although the defendant did not reach an agreement with the victim, the defendant suffers strokes.