A defendant shall be punished by imprisonment for a term of one year and four months.

Punishment of the crime

On August 21, 2012, the Defendant recommended the victim E to enter into a lease agreement for the portion of the sales and painting maintenance of the improvement project site, stating that “When operating the sales and painting maintenance of the D Office, a large amount of profit would be made. Net profit would be approximately KRW 5 million, and the lease deposit would raise more profit by using the repair parts at the headquarters as a package supply.”

In fact, around that time, because the D Office's operation is very difficult, it was thought that the D Office's obligation exceeded KRW 2 billion and the employee's wages were not paid properly, and thus, it was thought that it would be used to pay the amount of money to the victim. The operation of the D Office at that time was unclear, and there was no intention or ability to raise the above profits to the victim or return the lease deposit by maintaining the workplace.

On August 21, 2012, the Defendant: (a) by deceiving the victim; (b) concluded a lease contract with the victim for 24 months (from September 1, 2012 to August 31, 2014) on the part of the sales and painting maintenance of the said place of business; (c) acquired KRW 15 million in total from the victim by taking over KRW 135 million in the name of the same day as the down payment to the foreign exchange bank account at D Office (F) and KRW 15 million in the name of the same day as the down payment on August 31, 2012 as the remainder payment on August 31, 2012; and (d) by closing the said place of business as the business aggravation on November 26, 2012, the Defendant acquired KRW 150 million in total from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Article 347 (1) (Selection of Imprisonment), the reason for sentencing of Article 347 (1) of the Criminal Act (the scope of recommending punishment), the fraudulent crime group, the general fraud (type 2), the basic area, the imprisonment with prison labor for one year or four years (the decision of sentencing [the decision of sentencing] imprisonment with prison labor for a period of four times or more a year and four months, and five million won out of the amount of damage, which has no past record of criminal punishment other than the four times a fine of imprisonment with prison labor for one year or more, and five million won;