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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[Criminal Power] On December 23, 2008, the Defendant was sentenced to one year and four months of imprisonment for fraud, etc. at the Suwon District Court, and was released on July 30, 2009 during the execution of the said sentence in the Gansung Vocational Training Prison, and the parole period was expired on September 27, 2009.
【Criminal Facts】
The defendant around May 2010 is a person who has conducted auction consulting services at D Co., Ltd. with the fourth floor of the common building in Suwon-si, Suwon-si.
On May 2, 2010, the Defendant, at the office of the said D Co., Ltd. around 14:00, told the victim E, who found the Defendant to receive consultation on the auction of real estate, to the effect that “The land of the F Co., Ltd. and two parcels of land outside the F Co., Ltd. at Jeju, was sold at the lowest price of KRW 339,098,000,00, and may gain a lot of benefits if sold at the auction. The above real estate can be awarded a successful bid at the price of KRW 386,00,00. In addition, the Defendant, upon receiving a successful bid of KRW 100,000,000, paid the remainder of the loans received as security and paid KRW 286,000,000,000,000,0000,0000,
However, in fact, the defendant was liable for approximately KRW 250 million including the bonds of KRW 230 million at the time, and paid the money for the purpose of child support and director expenses. Thus, even if he received the money from the victim, he was thought to be used for personal purposes such as repayment of the defendant's debt, and there was no intention or ability to receive the said real estate at the time.
On May 3, 2010, the Defendant: (a) by deceiving the victim as such; (b) transferred KRW 38,300,000 from the victim to the post bank account in the name of each type G; and (c) received from the victim the transfer of KRW 38,30,00 in the name of the bid bond and auction
5. The payment was received in total of KRW 100,000,000 under the pretext of any balance of 61,700,000 under the tender.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;