A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On August 13, 2013, the Defendant concluded that “The instant building will be leased at KRW 80 million,” to the victim C at the home of the Defendant, “The instant building will be leased at KRW 80,000,000,000.”

However, in fact, the defendant was sentenced to the Do Government District Court 2007da48608 case as to D's ground buildings and ordered the removal of buildings and the delivery of the land, and did not have superficies as the judgment became final and conclusive, and there was no intention or ability to lease the above building to the victim.

The Defendant was transferred from the victim as a deposit for lease on August 13, 2013, KRW 8 million, KRW 17 million on August 16, 2013, KRW 5 million on October 11, 2013, KRW 45 million on October 15, 2013, KRW 80 million on October 25, 2013, and KRW 50 million on October 25, 2013 to the account in the name of the Defendant E Bank (F) and the account in the name of G E Bank (H).

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of the police officer regarding I;

1. Statement to C by the police;

1. Details of account transactions and the application of Acts and subordinate statutes on real estate lease contracts;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Application of the sentencing criteria (determination of types), fraud, general fraud, and less than KRW 100 million (type 1) (the scope of recommending punishment) (the scope of recommending punishment), from six months to one year and six months (the basic area);

3. On April 22, 2010, the Defendant was sentenced to imprisonment with prison labor for 10 months for fraud and for 2 years of suspended sentence in Gyeyang Branch of the Jung-gu District Court on April 22, 201. On April 21, 201, the Defendant committed the instant crime even though he had been sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) at the Seoul Central District Court on April 21, 201, and was sentenced to a suspended sentence for two years, and