A defendant shall be punished by imprisonment with prison labor for four months.

Criminal facts

The Defendant is a person who operates a civil engineering design office with the trade name of “C” in Changwon-si, Changwon-si, Changwon-si.

On June 14, 2016, the Defendant concluded that “Around October 15, 2016, the Defendant would have changed the down payment of KRW 19.655 million out of the total price of KRW 24.65 million to the victim D with a permission for a mountainous district development project to develop forest land E in the Changwon-si, Changwon-si, the injured party owned by the victim.”

However, in fact, even if the Defendant received down payment from the injured party, he planned to use the money as living expenses of the Defendant without using it for obtaining permission for the development project of mountainous district, and the above forest land is practically difficult to obtain permission for the development project of mountainous district with the land belonging to the development restriction area. Therefore, even if the damaged party receives down payment, he did not have the intent or ability to obtain permission for the development project of mountainous district up to

Ultimately, the Defendant, by deceiving the victim as such, received 1,9650,000 won from the victim, to the account under the name of the Defendant, in other words, from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written complaints filed by D, each written petition;

1. A service contract, a standard contract for technical services, or a certificate fully for registered matters;

1. Application of Acts and subordinate statutes to investigation reports (a counter investigation of public officials of relevant departments);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The scope of punishment by imprisonment: One month to ten years;

2. Scope of the recommended punishment according to the sentencing criteria: One month to one year.

(a) Determination of types: One type of fraud (less than KRW 100,000) in general;

(b) Special sentencing factors: Where a person intentionally commits a deceptive act with dolusent negligence, or where the degree of the deceptive act is weak (requirements for mitigation).

(c) Determination of the territory of recommendation: Reduction territory;

3. Determination of sentence: The fact that the defendant intentionally committed a deceptive act for four months in prison.