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

Punishment of the crime

【Criminal Records of Crimes】 On May 13, 2016, the Defendant was sentenced to a suspended sentence of ten (10) years for criminal fraud at the Seoul Southern District Court, and the said judgment became final and conclusive on December 24, 2016.

【Criminal facts against the Defendant, at the office of the real estate investment company (State) located in Ansan-si, Seoul and 126 of Jun. 25, 2008, the Defendant would purchase the second floor building located in the F-do, Chungcheongnam-do, Chungcheongnam-do, and resell the building at the higher price so that it can see the victim’s profit as much as the profit.

In order to purchase the above building, a false statement was made that it is necessary to purchase KRW 130 million, and if investment is made in KRW 60 million, the remaining money will be identified.

However, the Defendant was thought to invest in H operated by G with money from the injured party, and even if he received money from the injured party in the absence of other investors than the injured party, he did not have the intent or ability to purchase the building.

The Defendant was issued KRW 60 million to the account in the name of D (state) in which the Defendant was operated by the injured party.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Inquiries about facsimile messages, the current status of real estate, investment agreements, and details of account transactions;

1. A letter of confirmation, a written investment confirmation, a current status of G investments, and details of mutual aid transactions (D);

1. Previous convictions: (A) a written reply to inquiry, such as criminal history, a report of investigation (Attachment to the same attached judgment), a copy of the judgment (No. 4377, 2016No. 886) [Defendant and defense counsel] / The victim’s investment in only KRW 60,000,000 out of the expected amount of investment KRW 100,000,000, could not be invested in the original investment vehicle, and the victim’s investment in the H operated by G with the victim’s permission. The victim’s investment was alleged to the effect that there was no deception of the victim, but the crime was denied, but the evidence duly adopted and investigated by this court was comprehensively taken into account, namely, the following circumstances at the time of the victim’s investment: