A defendant shall be punished by imprisonment for not more than ten months.

except that 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 July 2017, the Defendant, at the victim D’s office located in the Yeongdeungpo-gu Kudong B Apartment Co., Ltd., the Defendant: (a) decided to vicariously sell and lease housing business (hereinafter “instant business”) in relation to the Plaintiff’s “Seong-gu G-type G-type rental housing business (hereinafter “instant business”) implemented by E, Inc.; (b) immediately, the commission amounted to KRW 200 million; (c) the principal would be repaid within four months; and (d) the Defendant would pay KRW 50 million out of the commission amount as profits. First, the Defendant stated to the effect that “The money to be paid to F is required to be invested, and KRW 100 million is invested.”

8.1.Around January, 201, the victim received KRW 100,000 from the victim to the above E account under the pretext of investment.

However, at the time, the Defendant did not have to pay the money as the deposit money to the F Co., Ltd., and the Defendant thought that 100 million won paid by the victim as the deposit money will be consumed as the name of employee salary, living expenses, etc., and even if he received the money from the victim as the deposit money, there was no intention or ability to pay the principal or

Accordingly, the defendant deceivings the victim as above and acquired 100 million won as investment money from the victim.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement made to D by the police;

1. The contract for selling or leasing the commercial rental housing business in Busan Seo-gu G:

1. A joint agreement of sale;

1. Each letter;

1. A copy of the bankbook and a certificate of transfer;

1. Application of Acts and subordinate statutes to account transaction statement (E), account transaction statement (H);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (the determination of types) shall be not less than 10 million won by general fraud (the type 2).