A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 2015, the Defendant, at the “C” coffee shop located in Seongdong-gu Seoul Metropolitan Government, concluded that “Around January 2015, the Defendant would receive a successful bid for the building in the F site located in Yongsan-gu Seoul Yongsan-gu Seoul Metropolitan Government, and allow H to operate the restaurant at the I hotel construction site built in Yongsan-gu Seoul Metropolitan Government, thereby changing down payment and bid deposit.”

However, the above building could not be used as a restaurant even if it is awarded a successful bid, and the restaurant was located at the site of the above I hotel construction site, and the restaurant had already been given the right to operate the restaurant, and the defendant was planned to use it for personal purposes, such as repayment of debts, even if he received money from the injured party, so the victim did not have the intention or ability to operate the restaurant at the I hotel construction site.

As such, the Defendant, by deceiving the victim, received 7.5 million won as bid deposit from the victim on January 7, 2015, KRW 30 million as contract deposit, and KRW 75 million as contract deposit on January 8, 2015, and KRW 75 million as bid balance on January 19, 2015, respectively.

Accordingly, the defendant was given a total of KRW 112.5 million by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement by the witness J;

1. Statement made by the witness D and K in the fourth public trial record;

1. Statement by the police concerning L;

1. An investigation report (Submission of a public notice of bid cancellation and bidding notice, etc. at the Seoul Central Headquarters);

1. Application of Acts and subordinate statutes to a copy of receipt, copy of passbook, copy of lease contract, and copy of real estate lease contract;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., conditions favorable to the following grounds for sentencing):

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. Unfavorable circumstances: The facts that the nature of the crime in light of the background, method, and amount of fraud, etc. of the instant crime, and the Defendant has a record of punishment for the same kind of crime;

1. Beneficial.