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

Punishment of the crime

[criminal power] On April 1, 2010, the Defendant was sentenced to a suspension of six months of imprisonment for fraud at the Seoul Northern District Court (Seoul Northern District Court). The judgment became final and conclusive on April 9, 2010.

【Criminal Facts】

around August 18, 2009, the Defendant: (a) purchased two parcels of land in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, and G, which are green belt area, and planned to use a convalescent hospital with permission for construction; (b) leased one floor of the hospital building to the victim; and (c) promised to lease it to the victim, with the permission for construction; and (d) there is a difference between the cost of the hospital building's first floor and the cost of the building permission; and (e) KRW 5 million on the same day on the same day; (c) KRW 5 million on October 3, 2009; (d) KRW 20 million on December 18, 201; and (e) KRW 35 million on January 12, 2010; and (e) KRW 65 million on the same day.

However, there is no fact that the Defendant intended to purchase the above two parcels, and there is no fact that he intended to obtain the cancellation of green belt and the building permit for the above two parcels, and even if he received the above money from the suspect around December 18, 2009, such as using the money as the deposit money for the fraud case stated in the above crime records, he purchased two parcels as agreed, and thereafter did not have the intent or ability to lease the first floor to the victim.

Accordingly, the defendant deceivings the victim, thereby deceiving 65 million won.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and H;

1. Application of Acts and subordinate statutes to a certificate of obligation for repayment and a certificate of borrowing;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Grounds for aggravated punishment in the latter part of Articles 37 and 39(1) of the Criminal Act dealing with concurrent crimes: There is no serious reflective reason. There is no effort to recover damage. In addition to the previous conviction in the judgment, there is a criminal conviction, one time, one time, one time, one time, one time, and three times, etc., of suspended execution. Considering the reasons: A criminal record in the judgment of the aged, and one time, and