Defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

[criminal records] On February 23, 2012, the Defendant was sentenced to imprisonment with prison labor for fraud at the Seoul Central District Court for one year and two months, and on February 13, 2013, the execution of the sentence was terminated at the Child Training Correctional Institution.

[2] On April 2013, the Defendant: (a) around 4, 2013, in the instant restaurant near the 439th century, and (b) the victim C, who tried to operate the confection, planned to sell a commercial building in the said new city by the LH Corporation; and (c) has a relationship with the head of LH Corporation’s headquarters, so that a commercial building may be sold in lots much lower than the actual selling price.

In order to make a store, three shopping district sales rights are required, and therefore, it is false to request 40,000 won of the down payment for commercial buildings to be paid to LH Corporation.

However, in fact, LH Corporation did not have a plan to sell commercial buildings in the above new city, and tried to use commercial buildings for personal purposes such as stock investment and living expenses by receiving money from the injured party.

On April 16, 2013, the Defendant: (a) by deceiving the victim; and (b) received KRW 6,000,000 from the damaged party as the down payment for commercial buildings; (c) from then on December 26, 2015, the Defendant received KRW 182,20,000,000, in total, from around 12 times, as shown in the list of crimes in the attached Table, from February 26, 2015.

Accordingly, the defendant acquired the victim's property by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the accused (including a cross-examination);

1. Statement made by the police against C;

1. Details of bank transfer transactions by account;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes of investigation reports (the date of release and confirmation of the date of release and attachment of judgment);

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

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

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommendation] is the same kind of punishment as the aggravated area (2 years and six years - 6 years) in the second category (2 years and six years), Article 38(1)2 of the Criminal Act for the aggravation of concurrent crimes.