A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On June 26, 2009, the Defendant was sentenced to six months of imprisonment for fraud at the Incheon District Court, and completed the enforcement of the sentence at the Incheon Detention House on December 24, 2009.

【Criminal Facts】

On November 25, 2010, the Defendant concluded a lease agreement with the real estate brokerage office in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, 431-26 on the condition that the period of the lease is two years from December 5, 2010 to December 4, 2012, and the lease deposit amount is 30 million won, and the Defendant would receive the remainder from the victims, and the Defendant would withdraw the said apartment from the auction as requested by the two Li beverage Sales Company as soon as possible.

However, at the time of fact, the Defendant did not have any property or revenue but has been liable for the debt of KRW 30 million with respect to the two Riju Liquor Sales Co., Ltd., and had no intent or ability to withdraw the auction or to return the deposit to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 3 million as the down payment on November 25, 2010 and KRW 27 million as the remainder of the deposit on December 11, 2010 from the victim.

Summary of Evidence

1. An interrogation protocol of the accused by the prosecution (including parts D and B)

1. Police suspect interrogation protocol (including E and B statements) of the accused and D;

1. Each police statement of B and E;

1. A complaint;

1. A real estate lease contract, a description verifying the object of brokerage, a description of transaction by passbook, a certified copy of real estate register, and an auction data;

1. Previous records: Application of criminal records and investigation reports (Attachment of criminal records A of the same kind of power as a suspect A);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Article 35 of the Criminal Act among repeated crimes;