A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On January 6, 2017, the Defendant was sentenced to imprisonment with prison labor for 4 months and 2 years of suspended execution for fraud at the District Court for the purpose of fraud, and on May 2, 2017, the said judgment became final and conclusive.

Around March 2014, the Defendant concluded that, within the C office operated by the Defendant, in Seoul Dongdaemun-gu, that, “Around March 2014, the Defendant: (a) carried out a new land that enables the Defendant to set up a large and corner constitutional land and sell it in a balanced manner; and (b) if the Defendant borrowed money, the Defendant would return the principal to the Defendant within two years at the latest as soon as possible; and (c) the Defendant would have an excess of KRW 10 million with the proceeds.”

However, in fact, since the Defendant obtained approval of a plan to implement the reclamation project for private trees for purposes other than the purpose of a housing site with respect to the Gyeonggi-gun E, F, G, H, and I forest to be developed at the time, it is impossible to develop the land for other purposes, so there was no intent or ability of the victim to sell the land developed as the housing site as above to repay the invested money and profits of the victim.

Nevertheless, on May 19, 2014, the Defendant received KRW 20 million from the victim through the Agricultural Cooperative Account in the name of J (Account Number:K) used by the Defendant on May 19, 2014, KRW 20 million on May 23, 2014, KRW 9 million on May 28, 2014, KRW 1 million on June 2, 2014, and KRW 1 million on June 16, 2014, respectively.

Accordingly, the defendant deceivings the victim and defrauds the 60 million won in total.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement made to D by the police;

1. Investigation report (or relative investigation of public officials of the L Team in the jurisdiction of Pyeongtaek-gun), investigation report (or statement of a person in charge of the L Team in the jurisdiction of Pyeongtaek-gun Office);

1. Details of transactions of bankbooks in J's name;

1. Before ruling: A criminal report (Attachment of a written judgment against a suspect), and application of criminal records-related statutes;

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

1. The sentencing of the latter part of Article 37 and Article 39(1) of the Criminal Act to deal with concurrent crimes.