A defendant shall be punished by imprisonment for a term of one year and eight months.

Punishment of the crime

On November 23, 2007, the Defendant stated that “If the Defendant lent KRW 100,000,000 to the victim C, the Defendant would sell the apartment and sell the apartment with an interest of KRW 80,000 per month, and KRW 20,00,000 as annual revenue.”

However, even if the defendant received money from the victim, he did not have any idea to use it for the purpose of apartment sale business, and there was no intention or ability to pay the proceeds as agreed because he thought to use it for the purpose of paying personal debts.

As such, the Defendant, by deceiving the victim, received KRW 99,550,00 from the national bank account in the name of the Defendant from the victim, and corrected to November 11, 2007, the date of the crime No. 1 stated in the annexed List of Crimes, as well as to receive KRW 9,550,00 from the victim.

As seen above, from November 11, 2007 to July 20, 2012, 255,060,000 won was received in all over 25 times from around July 11, 2007, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including D substitute part);

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on investigation (attached specifications of transaction and evidence list No. 7,10, 14);

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;

1. Application of the sentencing criteria [Determination of the type of crime] There is no person from 100 million to 500 million won (a person specially punished] from the general fraud (a person subject to the recommendation field and the scope of the recommended punishment] (a person subject to the recommendation field and the scope of the recommended punishment): One year to 4 years of imprisonment;

2. The Defendant, who was the first offender, paid KRW 90 million to the victim under the pretext of the profit, and did not seem to have committed a crime under a close plan from the beginning. However, the amount of damage in this case reaches a large amount of damage and has not been recovered for a long time, and the victim and his family members suffered a large amount of economic and mental suffering, and thus, the sentence is imposed.