A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On December 4, 2009, the Defendant was sentenced to two years of imprisonment with prison labor at the Ulsan District Court for fraud, etc. and completed the enforcement of the above sentence on October 6, 2010. On December 4, 2014, the Defendant was sentenced to four months of imprisonment with prison labor at the Busan District Court for fraud, and the above judgment became final and conclusive on December 12, 2014.

On February 2, 2012, at the office of licensed real estate agents located in the Busan metropolitan area C, the Defendant purchased the answer of F located in Busan metropolitan area and sold land after consultation with G prop adjacent to the road. First, if the Defendant borrowed the capital amount of KRW 80 million to be invested in the down payment, design expenses, and civil engineering construction expenses, it is necessary to divide the development profit with the principal within six months. On April 2, 2012, the Defendant stated that “In order to promote the development act, the Defendant shall purchase the former G real estate, which is a parcel of land, and thus, it is necessary to purchase the land amount of KRW 40 million with the purchase fund.”

However, at the time, the Defendant was in arrears with the income tax of KRW 430 million, and there was only a debt of the National Housing Fund of KRW 10 million, but there was no particular property or income, and even if the Defendant received money from the victim, only a part of the money was paid as land purchase contract deposit, and the remainder was normally purchased land to be used for living expenses, etc. and was engaged in development activities and did not have the intent or ability to pay the principal and profit to the victim within six months.

Nevertheless, the Defendant made a false statement to the victim as above, and acquired a total of KRW 120 million from the victim’s bank account (Account Number: H) with the Defendant’s name on February 27, 2012, and KRW 120 million on April 2, 2012, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (reports attached to judgments, etc.), application of Acts and subordinate statutes concerning personal identification and confinement;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;