A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Power] The Defendant was sentenced to three years of imprisonment for fraud at the Daegu District Court on March 22, 2018, and the said judgment became final and conclusive on April 3, 2018 and is currently being executed in the Daegu Prison.

【Criminal Facts】

On July 2016, the Defendant: (a) at the time of 2016, the Victim B and C paid down payment and intermediate payment to purchase Kimcheon-si D, E, F, G land and buildings; (b) but did not pay any balance, and (c) did not know the fact that the down payment, etc. is in the place of lurging, thereby attempting to acquire money from the victim by fraud.

On December 2, 2016, the Defendant stated that “The Defendant would receive down payment and intermediate payment from the K Chairperson if it exceeds the president of KK who has gathered the J land in G at the time of Kimcheon-si. If the Chairperson lends money to the Chairperson, he/she would purchase the said real estate and repay the money by January 31, 2017,” the Defendant stated that “The Defendant would purchase the said real estate and pay the money by January 31, 2017.”

However, in fact, the defendant did not think that he would borrow money from the victim as K's real estate purchase fund and thought that he would be used for his personal purpose, and there was no other income or property, and there was no intention or ability to repay the money to the victim.

Nevertheless, around December 28, 2016, the Defendant, by deceiving the victim as above, received 45 million won from the victim to the Daegu Bank passbook (M) in the name of the Defendant’s wife from the victim and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C and K;

1. Written complaint and attached documents (Evidence Nos. 1 to 6)

1. Previous records of judgment: References to criminal records and investigation reports (referring to the records of the latest ruling and accompanying the current status of confinement);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Circumstances unfavorable to the reasons for sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Act that treat concurrent crimes: the amount of damage shall be 45 million won.