A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On February 19, 2016, the Defendant was sentenced to imprisonment for a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission at the Ulsan District Court on February 19, 2016 and completed the execution of the sentence at the Ulsan Detention House on October 18, 2016.

【Criminal Facts】

Around September 24, 2017, the Defendant and B decided to purchase G construction site and pay approximately KRW 2 billion capital on behalf of the seller at the F office of the victim E’s operation of the building building in Ulsan-gu, Ulsan-gu, Seoul-gu, to the seller, but lack of funds, the Defendant “B may arrange loans because it becomes possible for the Plaintiff to retire from Seoul and arrange loans because it is widely known that there are many weeks of transfer, and the Defendant is going to work in Ulsan-gu under B. From September 30, 2017 to September 30, 2017, he/she may receive loans of approximately KRW 2 billion from H-related pre-related pre-existing owners, but the entertainment expenses, etc. to contact the relevant persons are changed to the service fees,” and “B may make a false loan of approximately KRW 2 billion from the pre-existing owners to September 30, 2017.”

However, in fact, the Defendant and B did not have a certain income and occupation at the time and did not have any living expenses due to lack of living expenses, etc., they thought to have the money received from the victim divided into living expenses, etc., not entertainment expenses related to the loan, and there was no experience in arranging the loan, and there was no intention or ability to arrange the loan equivalent to KRW 2 billion to the victim due to the lack of knowledge.

Nevertheless, the Defendant and B conspired to induce the victim as above, and they received 30 million won from the victim under the name of the Defendant as the commission fee on the 25th of the same month.

Accordingly, the defendant was given property by deceiving the victim in collusion with B.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness K and L;

1. Some police interrogation protocol regarding B;

1. A certificate of transaction;

1. Certificates of deposit trust balance;