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

Punishment of the crime

On September 18, 2014, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud, etc. at the Daejeon District Court on November 3, 2014, and the judgment became final and conclusive on November 3 of the same year.

On August 5, 2013, the Defendant made a false statement to the victim D by stating that “After completing the flat work on land E in Ansan-si by the end of May 2014, the Defendant changed the ownership transfer registration to KRW 60 million with the purchase price to be delivered to the victim D.”

However, as the Defendant borrowed and purchased money from F and G, F had a stake of 55/100, and F had not paid the borrowed money from G on June 24, 2013, according to the Daejeon District Court Decision 2013Kadan2250 Decided June 24, 2013, H had a provisional attachment of KRW 210,000,000 for the Defendant and Defendant’s wife I’s claim amount. Since the Defendant had no particular property and had no obligation of 60,000,000 won or more, even if he received money from the victim, there was no intention or ability to transfer the land in installments to the victim.

Nevertheless, the defendant deceivings the victim as such and receives five million won from the victim's account under the name of the defendant's wife on the same day, and the same month.

8. It was delivered KRW 60,270,000 to the same account and KRW 7270,000 to the same account on the 20th of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police interrogation protocol against J and I;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Reasons for sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Code for concurrent offenses [the scope of recommending punishment] and the basic area (6 months to one year and six months) of the type of general fraud (the amount of less than 100 million won) [the decision of sentencing]. 8 months.