A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[criminal power] On October 2, 2014, the Defendant was sentenced to imprisonment of one year and six months for fraud at the Incheon District Court on December 2, 2014, and the judgment becomes final and conclusive on December 24, 2015.

【Criminal Facts】

The Defendant stated, around June 2010, that “Around the end of Gangseo-gu Seoul Metropolitan Government, the victim B’s representative director C of the victim Company B is promoting the remodeling project of the D building in Incheon Bupyeong-gu D building, and 200 million won is expected to make profits equivalent to 2 billion won within one year from six months to one year from investment, and the store owners’ consent for the promotion of the project was received from 50% to 60%.”

However, the facts are, however, that the Defendant was bound to obtain bank loans, recruited investors, and then requested investment from the victim by deeming that it would be the date of profit when promoting remodeling with the consent of the buyers, and that there was no consent of the shop owners from 50% to 60%. Therefore, even if the Defendant received investment from the victim, there was no intention or ability to pay the profits of 2 billion won by promoting remodeling projects for the building.

Nevertheless, as above, the Defendant, by deceiving the victim and remitting KRW 254,670,00 to the account in the name of E designated by the Defendant around June 29, 2010, and received a total of KRW 254,670,000 from that time until December 24, 2012, from that time, as shown in the list of crimes in the attached Table.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Police suspect interrogation protocol regarding F;

1. Each certificate of transfer;

1. Each report on investigation;

1. Previous records: Application of Acts and subordinate statutes to inquiries, such as criminal records, and investigation reports (verification of the same type of crime records, previous records of disposition, and report on results of confirmation);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The grounds for sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Code for concurrent crimes are recognized and reflected by the defendant.