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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Criminal facts
On June 25, 2014, the Defendant was sentenced to two years of imprisonment with prison labor at Suwon District Court for fraud, and on October 24, 2014, the judgment became final and conclusive.
In June 2007, the Defendant made a false statement to the victim E, the victim F, and the victim G at the construction site of electric source house located in Gyeonggi-gun, G, 2007, stating that “The construction of electric source house with six parcels, such as D, is suspended due to the progress of 80%. However, the purchase of this and the completion of the construction, and then the completion of the construction, would bring a big benefit. If the Defendant invested KRW 530 million in the purchase cost of electric source house, he would purchase the bond of electric source house 6 and complete the construction within 3 months, and would pay the money and profits after having invested in the construction within 3 months.”
However, in fact, the Defendant did not enter into a contract for the sale of the above electric source house at the time, and the above electric source house was merely 60% and required additional construction cost of KRW 1 billion, while the Defendant did not receive money from the victims due to a lack of financial resources, he completed the construction within three months and did not have the intent or ability to pay the victims the proceeds after completing the sale.
Nevertheless, on July 30, 2007, the Defendant: (a) by deceiving the victims; (b) received 30 million won from the Defendant’s post office account (I) or H’s post office account; and (c) received each total of KRW 50 million from the victim E, totaling 17 times from July 30, 2007 to August 24, 2007, as indicated in the separate crime list, including the list of crimes; (d) received KRW 50 million from the victim E, total of KRW 50 million from the victim F, and KRW 200 million from the victim G.
The written indictment contains a total of KRW 300 million, but the crime of fraud is established for each victim, and the amount of each victim has been adjusted according to the statement and evidence of the defendant.
(F) The summary of the evidence was given to the victim F through the victim E.
1. Defendant's legal statement;
1. Legal statement of witness G;
1. Each police statement of E;
1. A complaint;
1.Each.