A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On January 9, 2014, the Defendant was sentenced to a suspended sentence of one year and six months for fraud, etc., and the judgment became final and conclusive on January 17, 2014.

【Criminal Facts】

On February 24, 2010, the Defendant made a false statement to the victim E, “The land of approximately KRW 6,611 square meters (2,000 square meters) in Hongcheon-gun F, Hongcheon-gun, Gangwon-do, has been distributed to the victim E, and the Defendant, the victim, and C may have a lot of profits if they were purchased and sold again after having invested KRW 20,000,000.”

However, the Defendant was not able to purchase the said land even if the said land was not sold, and was planned to use the money invested by the victim for KRW 100,000,000 as the purchase price of the land in Hongcheon-gun G in Gangwon-do. Of the purchase price of the said land, KRW 50,000,000 out of the purchase price of the said land was paid out of agricultural cooperative. As agreed with the victim, the Defendant purchased the said land in the said F and subsequently sold it to the victim, and did not have the intent or ability to pay the proceeds therefrom together with the said investment amount.

On February 24, 2010, the Defendant, by deceiving the victim as above, received 20,000,000 won from the victim to the post office account under the name of the Defendant, under the pretext of investment in the above land located in Hongcheon-gunF, Hongcheon-do.

Summary of Evidence

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

1. Each police statement of E;

1. Details of transactions (106 pages);

1. Previous convictions of judgment: Unauthorized statements of disposition, results of confirmation, and application of Acts and subordinate statutes of judgment;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Complaint after being sentenced to a judgment by the defendant even though the complainant under Article 62(1) of the Criminal Act was aware of the criminal facts before and after the judgment became final and conclusive.