A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On October 1, 2010, the Defendant was sentenced to two years of suspension of the execution of imprisonment for fraud in the branch court of Suwon District Court on August 1, 201 and the judgment became final and conclusive on January 3, 201.

[2012 Godan109] From October 2006 to November 2006, the Defendant introduced C to C with respect to the construction of a house for electric source (hereinafter “instant land”) on three lots, other than Gyeonggi-gun D (hereinafter “instant land”) owned by C, and E was awarded a contract with C for three outer walls and interior works.

On December 16, 2006, the Defendant: “Around December 16, 2006, the Victim G, known through E at the G F restaurant in Gyeonggi-gu, G, Gyeonggi-gu, was wholly located in the instant land or constructed house, and was placed in the name of the wife C and Chok H in the name of the circumstances. At present, the Defendant was aware of the fact that there was a reduction of the current house, and if he borrowed KRW 85 million, he will be paid KRW 100,000 after three months thereafter.”

However, the Defendant did not have any marital relationship with C, and was not the owner of the instant land. The Defendant did not have any disposal authority or right with respect to the instant land or the electric house constructed on the said ground, and even if it borrowed money from the victim due to no fixed hospitalization or special assets, the Defendant did not have any intent or ability to repay the money normally to the victim.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the Agricultural Cooperative Account in the name of the Defendant’s Cho Jae-in on the same day, and received KRW 75 million from the F around the 18th day of the same month.

[2012 Highest 143] The Defendant, as seen above, was awarded a contract by E to the said construction work, and then suspended the construction work due to financial problems, had the Defendant thought that E promised to pay the construction cost to the construction business operator who subcontracted the said construction work from E to continue the construction work.

The defendant at around March 2007 I of Gyeonggi-gu.