A defendant shall be punished by imprisonment for six months.

An applicant for compensation shall be dismissed.

Punishment of the crime

around December 2018, the Defendant, while drinking alcohol together with the victim B, who was a son at the point of influence (hereinafter influence city) in Namyang-si, Namyang-si, said, “The first building of Yangyang-ju, is owned by D, whose father is the 147 million won, which is the her father.” There is insufficient security deposit for the Defendant to enter into this building lease contract by preparing for security deposit of KRW 147 million. When lending security deposit, the Defendant would repay the principal and interest with the proceeds from auction of the said building by July 2019.”

However, the Defendant, at the time of the lease, did not have any intent or ability to pay the principal and interest to the victim from July 2019 by entering into a lease contract on the building and starting auction with the right to lease on a deposit basis.

The Defendant received KRW 10 million from the victim on January 28, 2019, KRW 22 million on January 29, 2019, KRW 32 million on or around March 26, 2019, and KRW 64 million on or around March 26, 2019.

Accordingly, the defendant, by deceiving the victim, acquired the property of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against the accused (including B's statement);

1. The police statement concerning B;

1. Application of the written complaint, full certificate of registered matters, detailed statement of transactions (B), text and photograph, written evidence by transaction account, investigation report (receiving personal credit information of a suspect), personal credit information inquiry report, and statutes governing the examination of personal credit information companies;

1. Relevant legal provisions concerning criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, grounds for sentencing under Articles 25(3)3 and 32(1)2 and (2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for the Dismissal of Application for Compensation of Freedom of Imprisonment with Labor (the scope of liability for damages is not clear);

1. The scope of recommendations according to the sentencing guidelines [the range of recommendations] [the range of recommendations and the scope of recommendations] shall be limited to the fraud [the type 1] below 100 million won (the special person].