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

Punishment of the crime

[criminal power] On February 10, 2012, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Seoul Central District Court, and the judgment was finalized on June 26, 2012. On November 7, 2013, the Defendant was sentenced to imprisonment with labor for the same crime at the Busan District Court for ten months and the judgment was finalized on February 14, 2014.

【Criminal Facts】

Around January 22, 2011, the Defendant entered into a contract with the victim C with permission for the construction of an E hotel in four lots outside the Danyang-gun, Chungcheongnam-gu, Daegu-gu. The Defendant made a false statement to the effect that “Around January 22, 2011, the Defendant borrowed funds to purchase the access road to the said E hotel, the Defendant would be able to enter into a contract for the civil engineering works of the said E hotel.”

However, in fact, the Defendant was planned to use the victim for personal purposes, such as living expenses by lending money to the victim, and the F, the operator of the above E hotel, purchased the access road to the above E hotel, and the Defendant entered into a consulting service contract with the above F, and the Defendant did not have any intent or ability to contract the above E hotel civil engineering works to the victim on the ground that there was no details of the progress of the construction work.

Nevertheless, the Defendant, as above, by deceiving the victim, received 30 million won of the same day check from the victim.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Copies of cashier's checks, copies of receipts, and cadastral map;

1. Investigation report (a copy of a sales contract of real estate shall be attached);

1. Previous conviction in the judgment: Determination as to the defendant and his/her defense counsel's assertion of an investigation report (the confirmation report of the same kind of power), criminal records, etc. inquiry report (A);

1. The summary of the assertion was delegated with all authority over the above E hotel Corporation, and the contract was also concluded for purchasing the above E hotel access road, and it was impossible to perform the above civil engineering work due to insufficient capacity of the contractor introduced by the victim. Thus, the defendant did not have the intention to acquire the above money at the time of receiving the above money.

2. The judgment is a requirement for fraud.