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

Punishment of the crime

[Criminal record] On May 30, 2014, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. in a public order branch of the Daejeon District Court on May 30, 2014, and completed the execution of the sentence at Daejeon Prison on October 17, 2016.

[Criminal facts] The Defendant was operated by the Defendant who is in the Sinnam-si Correction-si B on February 2018

In the C Office, the victim D made a false statement to the effect that “I would purchase the land compensation right if I purchase the land compensation right (one name bbbbbbbb area) for the E Commercial land in Seongbuk-gu, Seongbuk-gu, and thus I would like to purchase the land compensation right if I would like to purchase the land compensation right to F as a member.”

However, in fact, the Defendant did not have secured the above land compensation right, and the above F did not talk to the Defendant to acquire the land compensation right, which eventually, the Defendant did not have any intention or ability to acquire the above land compensation right even if the Defendant received the above 78 million won payment from the victim.

Nevertheless, on February 7, 2018, the Defendant received KRW 30 million from the damaged party to the account in C as the purchase of the above land’s compensation right, and received KRW 48 million as a check on March 5, 2018 and received KRW 78 million in total.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A detailed statement of deposit receipts and bank account of the complainant;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, results of the search of prisoners, and Acts and subordinate statutes to report criminal investigations (verification of repeated crimes);

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. The reason for sentencing Article 35 of the Criminal Act, the fact that the repeated crime is a repeated crime with the reason for sentencing, the fact that the crime is not suitable for the nature of the crime, the fact that there are records of the same crime, and that a significant amount of damage has not been recovered, shall be considered under unfavorable circumstances, and the fact that the confession and reflect are favorable circumstances shall be considered in light of favorable circumstances.

The age, occupation, sex, family relationship, living environment of the defendant, and others.