A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On December 2, 2011, the Defendant was sentenced to imprisonment with prison labor and two years and four months in the Incheon District Court for fraud, etc., and the judgment became final and conclusive on December 10, 2011.

1. On July 6, 2009, the Defendant made a false statement to the victim E at a D-affiliated restaurant operated by the Defendant in Seo-gu Incheon, Seo-gu, Incheon, that “I would allow the victim E to operate a brine restaurant of the public sewage terminal at the Incheon Seo-gu public village.”

However, since the defendant did not have the above boom restaurant operation right, even if he received money from the victim, he did not have the intention or ability to grant the above brin restaurant operation right to the victim.

The Defendant, by deceiving the victim as above, received from the victim the victim the sum of KRW 20 million as the down payment on the same day and KRW 50 million as the intermediate payment on September 25, 2009, and acquired it by deceptioning KRW 70 million.

2. On September 10, 2009, the Defendant made a false statement to the victim E at the place indicated in paragraph 1 of the same Article that “The Defendant would give the victim E a license to operate the cafeteria cafeteria in the Yeonsu-gu Fresh Construction Corporation.”

However, the defendant had already transferred the above cafeteria to G, so even if he received money from the victim, he did not have the intention or ability to give the victim the right to operate the above cafeteria.

As above, the Defendant: (a) by deceiving the victim as above; (b) obtained from the victim on December 16, 2009, KRW 30 million on December 18, 2009; (c) KRW 70 million on December 18, 2009; (d) KRW 50 million on December 22, 2009; (c) KRW 20 million on December 31, 2009; (d) KRW 15 million on February 9, 2010; (e) KRW 10 million on February 10, 2010; and (e) acquired KRW 30 million on March 5, 2010 from each of the Defendant’s accounts (CF); and (e) acquired KRW 6 million on March 9, 2010; and (e) acquired KRW 5 million on cash, including KRW 5 million on December 31, 200.

3. On March 16, 201, the Defendant paid 170 million won, excluding KRW 160 million, out of the amount of KRW 330,000,000, which has been paid to the Victim E, from the mutual incompetence sources in Seocho-gu Seoul Metropolitan Government, as referred to in paragraphs 1 and 2.