A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal records] On February 16, 2017, the Defendant was sentenced to six months of imprisonment for fraud at the Cheongju District Court on February 16, 2017, and the judgment became final and conclusive on the 24th day of the same month and eight times of the same criminal records.

[2] On July 201, 201, the Defendant: (a) was aware of the fact that the victim D (Woo, 42 years of age) located in Heak-gu, Youngdong-gu (hereinafter “E”); and (b) was wanting to purchase an apartment, and (c) received a successful bid from the victim through an analysis of the right to the apartment that he/she left through a court auction, with the knowledge that the victim would want to purchase the apartment.

When intending to immediately enter the bidding of the apartment auction goods located in the Seoul Metropolitan Government or in the area of the Gu, the deposit is required to be paid in advance. If the contract is not awarded, the deposit shall be returned immediately.

“False speech” was made.

However, in fact, even if the defendant received money from the injured party as a bid bond, he intended to use it for his own cost of living such as repayment of debt, etc., and there was no intention or ability to receive the successful bid for the injured party due to lack of business experience related to auction, and there was no intention or ability to return the money immediately requested by the injured party because there was no certain income or other property

Nevertheless, the Defendant deceiving the victim as above and transferred KRW 10 million to the Agricultural Cooperative Account in the name of the Defendant on August 1, 201 as bid deposit from the victim who was affiliated therewith.

In addition, from that time to September 30, 201, the Defendant received total of KRW 30 million as a bid bond three times in total as shown in the attached list of crimes, and acquired it through the Defendant’s agricultural bank account under the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation (a statement by an complainant);

1. Details of transactions;

1. Previous convictions: Results of inquiry, investigation reports, current status of confinement, and application of the statutes of the judgment;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;