A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On August 20, 2013, the Defendant was sentenced to six months of imprisonment at the Seoul Central District Court, and the execution of the sentence was terminated on September 10, 2014.

On March 30, 2017, the Defendant would increase the amount of KRW 12 million by April 15, 2017, if he/she purchased and invested a real estate bbbbbb area with KRW 50 million to the victim C in the golf-related retail store in Bupyeong-gu, Seocheon-gu, Seoul.

The term "the expression was false."

However, even if the defendant receives the above money from the victim, he did not have the intent or ability to invest by purchasing the real estate-related area.

On March 31, 2017, the Defendant received KRW 50 million from the victim to the one bank account under the name of the Defendant, a child of the Defendant, on March 31, 2017. On May 29, 2017, the Defendant stated that money is additionally required under the name of the fee for the area subject to the judgment of the Governor of the Real Estate Act, and was additionally transferred from the victim 4.87 million won to the account under the said D name.

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

Summary of Evidence

1. Statement of the accused in the third protocol of trial;

1. Statement C in the suspect examination protocol of the accused by the prosecution;

1. Statement to C by the police;

1. Police investigation report (the confirmation of account that the complainant deposits to the suspect), investigation report (the telephone conversations of a witness);

1. A loan certificate, text message, detailed statement of transactions, recording, or application for bank transactions;

1. Previous records: Results of inquiry, reports to the prosecution (verification of the suspect's repeated crime period) and application of Acts and subordinate statutes to the status of acceptance by individuals;

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Scope of recommendations according to the sentencing guidelines: Imprisonment with prison labor for one to two years (decision of type): General Fraud [Type 1] below KRW 100 million (specially increased person] below KRW 100 million: In the area of aggravated repeated crimes of the same kind (the area of recommendations and the scope of recommendations), imprisonment with labor for one to six months.

3. Determination of sentence: