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

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

Punishment of the crime

On August 11, 2011, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Chuncheon District Court, and the judgment became final and conclusive on March 29, 2012.

1. On November 3, 2009, the Defendant, on November 3, 2009, made a false statement to the victim D (n'e, 41 years of age) at the underground parking lot in the building C in the Dong-gu Seoul-gu Seoul-gu Seoul-gu Seoul-gu Seoul-si, Seoul-si, stating that "The Defendant would obtain 30 million won in a Jeju-do-do-si area, where her husband is divorced from her husband and her husband is married with her husband, and she is living together with her husband and her children are coming to her on the ceiling. It would obtain 20 million won in a Jeju-do-do-do-si area-based her house and her she will obtain her two million won in an officetel."

However, even if the defendant received money from the victim, the defendant did not have the intention or ability to obtain an officetel as a whole, and was thought to use it as his/her own living expenses.

On November 3, 2009, the Defendant received 30 million won from the victim via the foreign exchange bank passbook (Account Number E) in the name of the victim used by the Defendant on November 3, 2009.

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

2. On November 27, 2009, the Defendant, on November 27, 2009, made a false statement to the victim of the F building 1501 in the Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City on Nov. 27, 2009, stating that “Around November 27, 2009, the Defendant was entitled to deposit KRW 86 million at the time of the internal construction, but the Defendant was entitled to deposit KRW 26 million at the time of the internal construction.”

However, the defendant did not have any money received from the contractor and did not have any intention or ability to repay the money even if he borrowed money from the victim.

The Defendant received 20 million won in total from the victim, including 50,000 won on November 27, 2009 and 19.5 million won on December 8, 2009, using the above foreign exchange bank passbook in the victim’s name.

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

Summary of Evidence

1. Each legal statement of witness D and G;

1. A copy of a bankbook and a report on account transactions;

1. Previous convictions in the judgment: Criminal records, investigation reports (Attachment to the judgment of the court of first instance), results of case search, and judgment of the appellate court.