A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On February 12, 2004, the Defendant was sentenced to imprisonment with prison labor for eight months and six months at the Incheon District Court for fraud on July 5, 2012, with prison labor for six months and two years, respectively.

1. On November 18, 2014, the Defendant would pay the remainder of the insufficient purchase price to the victim C in return for the joint purchase of D land at Chungcheong City. On deposit of KRW 10 million in down payment, the Defendant would pay the remainder.

“A false statement” was made.

However, in fact, the defendant only thought that he would receive 10 million won as down payment from the injured party and did not have any particular property or income at the time, so even if he did not receive the above money from the injured party, he did not have any intention or ability to purchase the above land jointly with the injured party.

The defendant deceivings the victim as above and was transferred KRW 10 million to the Agricultural Cooperative Account (Account Number: E) in the name of the defendant around 11:17 of the same day from the victim.

2. The Defendant, around December 4, 2014, borrowed and repaid to the victim only three days as “the purchase of the land on the refining line in Gangwon-do is lacking of KRW 2 million.”

“A false statement” was made.

However, in fact, the defendant did not purchase land in the Gangwon-do, and he thought that he will receive 2 million won from the injured party and received 2 million won from the injured party, and even if he borrowed the above money from the injured party due to no particular property or income, he did not have the intention or ability to repay it.

The Defendant, as such, by deceiving the victim, received KRW 2 million from the victim, to the Agricultural Cooperative Account in the name of the Defendant as stated in paragraph (1) on the same day.

Summary of Evidence

1. Each legal statement of witness C, F and G;

1. Statement made by the police against C;

1. The photo of each payment note;

1. Verification of transaction details;

1. A certified copy of register;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The aggravated Criminal Act for concurrent crimes.