A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On October 27, 2015, the Defendant entered into a contract with C Office located on the second floor of the building B in Nam-gu, Incheon Metropolitan City, and with E operating the victim D Co., Ltd., the sales agent contracts with E for the total of 564 households of F apartment in the Gyeongnam-gu, Seoul, and later return the amount of KRW 100 million if it deposits KRW 100 million with the performance bond to grant the right to sell the apartment.

“Along with the victim,” and entered into a service contract for sale by proxy with the victim.

However, at the time, the Defendant did not have any authority to exercise the right to sell F apartment units to the victim. However, the Defendant did not have the ability to acquire the right to sell it to the victim due to the lack of financial circumstances. The amount to be paid from the victim was thought to be used for personal purposes such as living expenses, etc. in addition to some business related activities expenses, and there was no intention or ability to return the amount paid to the victim.

Ultimately, the Defendant, by deceiving the victim as above, received a total of KRW 10 million on the same day as the performance deposit from the victim, including KRW 10 million on the same day, KRW 40 million on November 10, 2015, and KRW 50 million on November 20, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. On the second round of the suspect examination protocol of the police officer against the defendant (including E and G part of the statement);

1. Statement made by the police for E;

1. Each statement of H and I;

1. Investigation report (J telephone conversations) and investigation report (Korean Representative Lone Corporation);

1. Application of statutes on a service contract for parcelling-out agency or a copy of passbook transaction;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. Application of the sentencing guidelines for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] General Fraud (at least KRW 100 million, less than KRW 500 million, less than KRW 500) in the area of mitigation (at least KRW 100 million, between February and June) [Special Mitigation] in the area of mitigation (at least KRW 100,000, or where considerable damage was restored, the decision of a sentence shall be sentenced to suspended sentence for one year.