A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On September 23, 2009, the Defendant issued a false statement to the victim F in the Real Estate Office of Yongsan-gu, Seoul, stating that “The part part payments investors already sought, but the part payments investors would have already borrowed KRW 300,000,000,000,000,000 in Seoul Special Metropolitan City, and the part payments would have been paid up to 300,000,000,000,000,000 won.” However, the part payments would have already been paid up to 300,000,000,000 won, such as down payments. The part payments would have been completed at least 6 months after the completion of the construction. The part payments will have been made up to March 23, 2010.”

However, there was no fact that the Defendant had already secured down payment in KRW 300 million, and there was no fact that the intermediate payment investors had already been secured. Since the Defendant purchased the above land by himself and did not have sufficient means to carry out the sale business, the Defendant completed the construction until March 23, 2010 and did not have the intent or ability to repay the money borrowed from the victim or to reduce the construction work borrowed from the victim.

As above, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim on September 23, 2009, KRW 100 million on or around October 12, 2009, and KRW 50 million on or around November 5, 2009, and received KRW 250 million on or around November 5, 2009 from the Defendant’s account as contract deposit.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Investigative reports (Submission of a detailed statement of banking transactions of a suspect), investigative reports (Investigation of sellers of sites G in Gwangjin-gu), investigative reports (Attachment of a certificate of contents), and investigative reports (Submission of credit information of the Federation of Banks of Suspects);

1. Application of Acts and subordinate statutes on bills, notarial deeds, loan certificates, and deposits without passbook;

1. The pertinent legal provisions on criminal facts, Article 347(1) of the Criminal Act on the choice of punishment, the grounds for sentencing of sentence [the scope of recommending punishment] general frauds and the grounds for sentencing of sentence [the scope of recommending punishment] types 2 (at least KRW 100,000, less than KRW 500,000). The mitigation area (from October to February 6) (special mitigations) of mitigation area (at least