A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant purchased and developed the land of 10 billion won in Chang-si, Chang-si E and F in the office of the victim D, who was in Sinsan-Gun, from the beginning of March 2017, the Defendant would use the two parcels as the purchase contract deposit for the said two parcels by adding up KRW 30 million to KRW 20 million in the face of the city.

"Along on April 6, 2017, the victim transferred KRW 20 million to the corporate bank account in the victim's name."

However, even if the defendant received investment money from the injured party, he did not have the intention or ability to use it in the down payment of real estate, and the defendant was thought to borrow money from another person for personal use.

As such, the Defendant, by deceiving the victim, received the transfer of KRW 40 million around April 6, 2017, and KRW 10 million around April 12, 2017, from the victim, to the single bank account (G) account in the name of the Defendant, respectively, and received KRW 30 million in total from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to the complaint and detailed statement of transfer;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Reference to the sentencing guidelines [referring to the types] group of fraud crimes, general fraud, and type 1 (less than KRW 100,000) [Special Sentencing] mitigation elements: Agreement (non-existence of punishment] mitigation areas: Imprisonment with prison labor for one month to one year;

2. The decision-making of sentence is against the defendant's wrong recognition, the fact that the defendant has agreed with the victim, the fact that there is no serious record of crime, the age of the defendant, the circumstances leading to the crime, etc. shall be determined as the same as the decision-making;