A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[criminal power] On February 16, 2011, the Defendant was sentenced to two years of suspension of the execution of imprisonment for a crime of fraud at the Seoul Central District Court on August 4, 201, which became final and conclusive on August 25, 2011. On October 25, 2013, the Seoul Central District Court sentenced four years of imprisonment for a crime of fraud, etc. and two months of imprisonment, which became final and conclusive on January 23, 2014. On October 29, 2014, the judgment was rendered on July 10, 2015 after having been sentenced to one year and four months of imprisonment for a crime of fraud from the original branch of the Chuncheon District Court on July 10, 2015, and on August 9, 2017, the judgment became final and conclusive on March 31, 2018.

【Criminal Facts】

On July 26, 2010, the Defendant made a false statement to the effect that “The Defendant would order the victim D to remove the reconstruction construction of the Busan Northern Complex, if he/she takes the down payment,” at the Seoul Jongno-gu Seoul Metropolitan Government Headquarters's 7th floor.

However, in fact, the defendant did not have the business right of the above removal construction and was planned to use it as his personal debt repayment even if he received down payment from the victim, and did not have the intention or ability to place an order for reconstruction construction.

The Defendant received KRW 119,50,000,000 in total, around July 27, 2010, around KRW 100,000 and around September 16, 2010, around KRW 19,500,00 from the victim as the contract deposit for removal works.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Details of account transactions, copies of the agreement on services to be selected as a contractor, copies of name cards, copies of the removal construction contract, KRW 100 million receipt, special terms and conditions, and copies of official notices;

1. Previouss before ruling: Criminal records, inquiry reports, and application of Acts and subordinate statutes (the same type of criminal records and confirmation under the latter part of Article 37 of the Criminal Act);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The grounds for sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Act dealing with concurrent crimes are as follows.