A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case, each fraud against the victim C is acquitted.

Punishment of the crime

1. The Defendant was sentenced to three years of imprisonment for fraud, etc. at the Incheon District Court on September 4, 2007, and was released on March 30, 2009 during the execution of the sentence in the Seoul Southern Prison on March 30, 2009 and the parole period expired on May 25, 2009.

2. Criminal facts;

A. On March 2010, the Defendant stated to the effect that “The Defendant would sell KRW 20 million to the Company, if the Defendant would pay KRW 20 million to the Victim D through C at the office of Construction Business Co., Ltd. (EE) in the middle of March 2010, the Defendant: “F land in Young-gun, Gangwon-do is a very high place for a week, including a penta complex, into the surrounding area; and the surrounding land value is formed by 200,000 won.”

However, in fact, it is unclear whether the development plan, profit prospect or the price of the above land increases, and even if the victim receives money, there was no intention or ability to transfer ownership properly.

Nevertheless, the Defendant, as above, by deceiving the victim, and then by deceiving the victim through C on March 25, 2010, transferred KRW 20 million to the head of the Tong under the name of the Defendant.

The Defendant presented the development plan for the real estate stated in the above paragraph (1) through C at the office of the first police officer on April 2010, the Defendant stated to the effect that “if the Defendant lends KRW 60 million to the victim, 10% of the principal shall be interest per month and the principal shall be repaid after five months.”

However, as seen above, it is unclear whether the price increase, such as the development plan, etc., has increased and the operation of the defendant company is difficult, even if the victim borrows money, there was no intent or ability to pay the principal and interest as agreed upon by the victim.

Nevertheless, the Defendant, as seen above, by deceiving the victim and deceiving him through C from the victim on April 30, 2010, the sum of KRW 10 million, including KRW 50 million directly on the same day, and KRW 60 million.