A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On December 26, 2011, the Defendant introduced the Victim F at D’s coffee shop located on the first floor of Gangnam-gu Seoul Metropolitan C Terminal 1, 201, and concluded that “The Defendant would start apartment 10,080 households in the Chang-si G district in the Chang-si Construction, and would make it possible to operate a restaurant (one title: hereinafter referred to as “brin restaurant”) at the construction site of the construction site of the said G district upon request from the president of the Hyundai Construction, upon paying KRW 30 million to the Defendant.”

However, the above G District Apartment Corporation had already commenced around the end of November 201, and the progress rate of construction was 45%, and the enterprise management of the brin restaurant was under the jurisdiction of the Hyundai Construction Headquarters's business management team. Even if the registration of a new company was made, it was subject to a detailed evaluation, such as transaction performance, property status, business performance, and the nutritional condition of the group, so it was not a situation where the new company can enter into a brin restaurant immediately after the registration of a new company. Since there was no friendly relationship with H of the president of the Hyundai Construction, there was no intention or ability to obtain the right to operate the brin restaurant from the victim.

The Defendant received from the victim the money of KRW 30 million from J to the Busan Bank account in the name of the victim’s father at his seat from the Busan Bank account to the J’s account in order to acquire the right to operate the restaurant, and received the money of KRW 30 million from J as the teaching expenses for acquiring the right to operate the restaurant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A report on investigation (investigation of a suspect's case);

1. Application of Acts and subordinate statutes on copies of bankbooks;

1. The grounds for sentencing under Article 347(1) of the Criminal Act of the pertinent Article of the Criminal Act for criminal facts are subject to the sentencing guidelines, and the crime falls under the basic area (from June to June) among the category 1 (less than KRW 100,000) of the general fraud. The amount of damage is KRW 30 million.