A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On May 30, 2009, the Defendant made a false statement to the victim E, “The F real estate in Daegu Dong-gu entered into an agreement with the victim for KRW 60 million,000,000,000,000,000,000,000,000,000 won, rather than the market price of the goods to be auctioned, and if the real estate was constructed after resolving the seizure and cancellation of auction, the Defendant would pay the principal and interest within six months.”

However, the defendant was a bad credit holder at the time, and there was a debt of KRW 200 million, so there was no intention or ability to pay the above amount to the victim.

On June 2, 2009, the Defendant: (a) by deceiving the victim; (b) received KRW 5,000,000 from the victim; (c) received KRW 25,00,000 from the account in the name of G on the same day; (d) KRW 10,000,000 from the account in the name of G on the same day; (c) KRW 10,000,000 from the Defendant’s G account in the name of J (FK); and (d) around June 12, 2009, KRW 10,000 from the Defendant’s account in the name of J (FK) around June 24, 2009.

Accordingly, the defendant obtained a total of 60,000,000 won from the damaged person and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Application of a copy of an applicant, a real estate transaction contract, a remittance details, a land register, and statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [Scope of the recommended punishment] General Fraud (less than KRW 100 million). The mitigation area (one month-one year-one year-one year-one year) is not subject to punishment;

2. Determination of sentence: Imprisonment with prison labor for 8 months and suspension of execution for 2 years;