A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On June 7, 2012, the defendant made a false statement to the victim E and the victim C that "it is well known that the apartment complex is entering the Bupyeong-gu, Busan Metropolitan Government, and the implementer is entitled to purchase a good apartment house that can be seen as the sea within three months, because the apartment complex is well known," at the office of the victim C management D, which is located in Kimhae-si B.

However, in fact, the Defendant did not properly proceed with the invested business at the time and did not have any personal liability of KRW 100 million. However, the Defendant thought not only did not have any property or income but also used the money received from the victims for any other purpose, such as personal liability of the Defendant, and therefore, the Defendant did not have any intention or ability to normally sell the apartment to the victims.

Nevertheless, the Defendant, by deceiving the victims as such, received the total sum of KRW 50 million from the victims to the F bank account in the name of the Defendant, respectively, for the same day sales contract and street funds.

Summary of Evidence

1. Each legal statement of witness E and C;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution (including E and C substitute part);

1. Statement to E by the police;

1. A copy of a statement of transactions made in the name of the suspect in around 2012;

1. Copies of each transfer management result, inquiry into the details of the results of the transfer management, and the statement of transaction performance;

1. The defendant and his defense counsel asserted that the defendant received a total of KRW 50 million from the victims after the completion of the contract, but the defendant did not deceiving the victims as stated in the judgment, and did not have any intent to commit fraud.

The following circumstances, which are acknowledged by the evidence duly adopted by this Court and the evidence duly adopted by each Court, and ① the victims are consistently accused from investigative agencies to this Court.