A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 2012, the Defendant newly constructed an officetel (E) in the instant coffee shop located in the Gangseo-gu Seoul Metropolitan Government Seocheon-gu, Seoul, to the victim C (hereinafter “E”), saying, “A person who performs construction works with a certain progress portion subcontracted in the said officetel was entitled to purchase the said officetel in lots at KRW 612,50,000,000 for officetels 60,000,000,000,000,000. However, if it is intended to purchase the said head office, the Defendant made a false representation to the effect that he/she would return gains from the market price along with the principal of the investment.”

However, the Defendant had no occupation at the time, and did not possess any property, and there was only the idea that the said officetel will use the money for gambling purposes by re-saleing the said officetel. Therefore, even if the Defendant received the money from the victim as the source of investment in officetel purchase, there was no intention or ability to return the principal and market value profits to the complainant.

On October 18, 2012, the Defendant, by deceiving the victim as above, received from the victim one copy of the check (the check number : F) in front of the victim’s own right of KRW 25 million issued by the SC Japan Bank.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the statement of the defendant in the protocol of interrogation of the suspect against the defendant;

1. Part C of the protocol of interrogation of the suspect to the prosecution two and three times against the defendant;

1. Application form for opening an account and copies of KRW 25 million cashier's checks;

1. Application of Acts and subordinate statutes to data submitted by complainant;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] The basic area (type 1) below 100 million won (type 6-1 and 6) (no person with a special punishment] [the decision of sentence] disadvantageous circumstances: there is no effort to recover damage, and there is a previous department.