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

Punishment of the crime

[criminal records] On September 25, 2014, the Defendant was sentenced to six months of imprisonment with prison labor and six months of imprisonment for fraud, etc. at the Seoul Central District Court on May 9, 2015. On May 17, 2017, the enforcement of the sentence was terminated. On September 26, 2017, the Seoul Central District Court sentenced the Defendant to six months of imprisonment with prison labor for fraud, and the judgment became final and conclusive on September 26, 2017.

[2] On March 31, 2016, the Defendant, at a law firm D office located in Gangnam-gu Seoul and 902, concluded a contract with the victim E to attract investment of KRW 8 billion to promote the complex construction project on Pyeongtaek-si site, and agreed to pay KRW 120,000,000,000 to the effect that the contract performance deposit would be paid. The Defendant received three copies of checks equivalent to KRW 120,00,000 from the damaged party, and acquired KRW 50,000,000,000 from that place.

However, even if the victim is paid KRW 50 million to the victim as the deposit money for the execution of the contract, the defendant did not have any intention or ability to attract investment of KRW 8 billion to promote the new construction project.

As such, the Defendant, by deceiving the victim, acquired 50 million won by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in relation to G, H and I;

1. Each police statement made to E and J;

1. Financial and real estate consulting and legal advice, letter, respectively;

1. Previous convictions: Inquiry into criminal history, investigation report by individual (Attachment of recent cases of fraud by the suspect A), application of the Acts and subordinate statutes of the defendant's statutory statement;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes, but the reason for sentencing Article 39(1) of the Criminal Code can have the record of being punished for the same kind of crime, and the defendant again committed the crime of this case during the period of repeated crime resulting from the same crime.

In addition, damage has not been recovered until now.

However, the defendant is led to confession.