A person shall be punished by imprisonment with prison labor for not less than six months and by imprisonment for not more than two months with prison labor for one of the crimes in the judgment of the defendant.

In this case.

Punishment of the crime

[criminal power] On October 8, 2015, the Defendant was sentenced to two years of imprisonment for fraud at the Ulsan District Court, three years of probation, and the above judgment became final and conclusive on October 16, 2015.

【Criminal Facts】

1. On January 30, 2015, the Defendant committed the crime of fraud, which was committed on January 30, 2015, concluded that “A victim B wishes to take over (State) D in Ulsan-gun, Ulsan-gun, and if the Defendant borrowed KRW 50 million to pay tax because tax is closely related, he/she would receive the loan and repay the loan with KRW 70 million within one month.”

However, at the time of 207, the Defendant was in the condition that the obligation, such as the obligation to return the sale price, KRW 326 million, the obligation to pay the unpaid wage accrued around 2014, KRW 310 million, and the obligation to pay KRW 150 million arising from the loan accrued in the course of the management of the company reaches KRW 786 million. The Defendant’s (juE)E, which had no business performance, could not receive the acquisition fund of the above company, and thus, even if the Defendant borrowed money from the victim, there was no intent or ability to repay the borrowed money on the date of the promise made by the victim.

The Defendant, as such, by deceiving the victim, received KRW 50 million from the victim to the Agricultural Cooperative (F) account in the name of E.

Accordingly, the defendant was delivered KRW 50 million by deceiving the victim.

2. On June 23, 2017, the Defendant: (a) delegated the right to enter into a contract to purchase G and H land (hereinafter “instant land”) in the name of (i) the victim’s name at a non-permanent place around June 23, 2017; (b) transferred KRW 5 million as a temporary purchase price; (c) concluded a provisional contract with J, the owner of the instant land; and (d) paid KRW 5 million as the said provisional purchase price after concluding the provisional contract with J, the owner of the instant land.

Since July 2017, the Defendant was released from the above provisional contract due to the cancellation of the above provisional contract, and the Defendant was in the custody of the Defendant for the victim after receiving full refund of five million won of the provisional contract from J on August 2017.