A defendant shall be punished by imprisonment for one year.

The defendant shall pay 230 million won to the applicant for compensation by fraud.

3.2

Punishment of the crime

On December 1, 2017, the Defendant was sentenced to three years of imprisonment for fraud at the Incheon District Court, and the said judgment was finalized on December 9, 2017. On November 1, 2018, the Defendant was sentenced to eight months of imprisonment for the same crime in the same court, and the said judgment became final and conclusive on June 22, 2019.

Around October 7, 2014, the Defendant made a false statement to the victim B at D Sawna Office located in D Sawna Co., Ltd., stating that “The Defendant would open the 320 million won security deposit from November 10, 2014, thereby allowing the victim B to operate a sugar business by opening it with saba around November 10, 2014.”

However, in fact, even though the Defendant leased the 9th floor of the building E to KRW 300 million at the time, he was unable to pay KRW 150 million out of the rent, and there was no ability to procure KRW 900 million of the additional construction cost required for the completion of the construction. In the situation that the Defendant entered into an operation contract, such as the F and the sugar Credit Business, and was already paid KRW 35 million, but the deposit was not returned to F, it was concluded again with the same contract with the victim, and even if the Defendant received the deposit from the victim, there was no intention or ability to allow F to operate the sugar Credit Business, such as the agreement.

Around October 8, 2014, the Defendant, by deceiving the victim as such, received KRW 20 million in cash from the victim for the same day as the provisional contract deposit. Around October 22, 2014, KRW 150 million as the first intermediate payment, and KRW 50 million as the second intermediate payment around November 11, 2014, by receiving KRW 232 million as the second intermediate payment in the name of each Defendant’s name.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each contract and certificate of deposit;

1. Previous records: Criminal records and application of statutes governing judgment;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Orders for compensation under the latter part of Article 37 of the Criminal Act and Article 39(1) of the Criminal Act;