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

Punishment of the crime

On October 2014, the Defendant came to know of the victim O by introducing any Buddhist temple in Seocho-gu Seoul, Seocho-gu, Seoul. Around that time, the Defendant displayed a contract for the sale and purchase of the factory to the victim and attempted to supply the land with high-speed Gun after purchasing a factory located in the Nam-gu, Seoul.

A sales contract for a factory was concluded, and the new corporation should be established, and if the corporation's establishment expenses were to be loaned, it was false that the factory will be repaid by the loan as security.

However, the Defendant was under bad credit standing and was unable to purchase or manufacture a factory normally due to the lack of ability to prepare a down payment of KRW 100 million for the sales and purchase of a factory. The Defendant did not have any preparation for the land-based business with a single name “Pupercom” that does not have any business funds. Therefore, the Defendant did not have any intent or ability to borrow funds from the victim with a factory as a collateral.

Nevertheless, on January 14, 2015, the Defendant: (a) by deceiving the victim as above; (b) received KRW 2 million from the victim to the account in the name of P as the expense for the incorporation of the corporation around January 14, 2015; (c) by deceiving the victim from around May 29, 2015; and (d) received a delivery of the sum of KRW 82,455,820 from the victim as indicated in the list of crimes in the attached list of crimes; or (d) obtained pecuniary benefits.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to certificates of deposit transaction records (verification of the fact of detention on January 29, 2015) to the defendant who has made a legal statement of the witnessO and some of the witness Q in the court under the jurisdiction of the prosecutor's office, the investigation report of the suspect interrogation protocol (Submission of the details of the deposit and withdrawal transactions, etc.) by the prosecutor's office, the investigation report (in

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.