A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On September 23, 2016, the Defendant was sentenced to imprisonment with prison labor for 4 months and 2 years of suspended execution at Suwon District Court on September 23, 2016, and the judgment was finalized on October 1, 2016.

【Criminal Facts】

On April 27, 2016, the Defendant stated, through C, which is the land of the victim B, that “I want to build and sell a house for the personal population D and E. In order to sell the house for the personal population D and E. If I lend KRW 210 million to B, I want to stop a house of 30 square meters above the site 200 square meters by the end of 2016.”

However, in fact, the above electric source housing sales business requires a total of KRW 2.57 billion, including the cost of the site, KRW 1.5 billion, and KRW 1.566 billion, and construction costs. However, at the time, the Defendant did not have any funds to pay the site properly, and the Defendant purchased the site from the bank under a flexible expectation and promoted a plan to proceed with the sale business by borrowing construction funds under the guarantee of the re-construction company after purchasing the site. Therefore, even if the said purchase price is paid by the victim, the Defendant did not have any ability or intent to move into the victim by completing the construction of the electric source housing.

The Defendant received from the victim a check of KRW 10 million on April 27, 2016, KRW 110 million on April 28, 2016, and KRW 210 million on the aggregate of KRW 200 million on April 28, 2016.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution with respect to B (including the cross-examination part);

1. Results of credit information inquiries;

1. A complaint (including a check, a loan certificate, a statement of performance, and a certified copy of the real estate register paid by the complainant to the defendant);

1. Previous records: Application of criminal records, inquiry reports and investigation reports (including confirmation of criminal records of a suspect - each judgment attached thereto);

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts;

1. The latter part of Article 37 of the Criminal Act concerning concurrent crimes;