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

Punishment of the crime

The Defendant and B are the same as high school windows.

On July 7, 2018, the Defendant knew that he would want to purchase D’s land owned by B in Gyeong-gun, Gyeong-gun, Gyeong-nam, and attempted to buy the land to B, and acquired the money by fraud.

1. Fraud;

A. A. Around July 11, 2018, the Defendant: (a) made a false statement that “Around July 11, 2018, the Defendant would purchase the land of the E-cafeteria operated by the Defendant at the victim B by telephone at a place where the location is unknown; (b) the Defendant would pay the balance of the land owned by D, if the down payment is necessary.”

However, in fact, the defendant thought that he borrowed money from the victim to use it for personal debt repayment, etc., and did not intend to use it for the purchase fund of the above restaurant land.

In addition, the Defendant did not have any special property under his own name, and the Defendant paid approximately KRW 60,00,000 to KRW 59,000,00 among individuals, and even if he borrowed money from the victim, there was no intention or ability to pay the money.

As above, the Defendant, by deceiving the victim as above, obtained a transfer of KRW 5 million from the victim to the account in the name of the defendant on the same day.

B. Around July 13, 2018, the Defendant, at a place where the location is unknown on July 13, 2018, posted a false statement to the victim B, stating that “The Defendant entered into a sales contract for the land D and Gyeong-gun, Gyeong-gun, Gyeong-nam. The Defendant sent down a down payment of KRW 10 million.”

However, in fact, the defendant thought that he will receive money from the victim to use it for personal debt repayment, etc., and did not conclude a sales contract with D.

The Defendant, by deceiving the victim as above, has taken over KRW 10 million from the victim to the account under the name of the Defendant on the same day as the down payment for the said land.