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

Punishment of the crime

On July 9, 2009, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Goyang Branch of the District Court, and on March 30, 2010, the Defendant was released on March 30, 2010 during the execution of the sentence in a medical prison and the same year.

5.3. The parole period was terminated.

On October 5, 2012, the Defendant entered into a construction contract with the victim E, F, etc. to newly construct the farm house and warehouse on two lots of land, including the victim E and F, and the construction cost of KRW 68,000,000 on March 3, 2013.

The Defendant did not have any particular property or income, and there was a shortage of construction funds in constructing G farm housing on the part of the victim's land, with a view to receiving construction payment in advance from the victim, using it as the above construction fund, or paying the purchase price of the vehicle and the card price.

On October 23, 2012, the Defendant made a false statement to the effect that “The construction work shall be commenced on or around March 2013, and the down payment of KRW 25,000,000 shall be paid to the Defendant’s house located at H, by telephone, with the concealment of the aforementioned circumstances, to the victim.”

However, in fact, the defendant did not have the intent or ability to purchase materials for new construction of the above farm house or to start the same as the above contents of the contract, even if he received the down payment from the victim due to financial difficulties at the time.

Nevertheless, the Defendant, by deceiving the victim as above, received 25,00,000 won from the victim to the I’s agricultural bank account as the down payment on the same day, and acquired 67,376,300 won in total from the victim through five times from that time to December 20 of the same year, as shown in the attached List from that time, and acquired 67,376,30 won through the said I’s agricultural bank account.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including the E substitute part);

1. E.