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

The application for compensation order of this case shall be dismissed.

Punishment of the crime

On June 29, 2012, the Defendant was sentenced to a suspension of the execution of imprisonment with prison labor for six months at the District Court for fraud, etc., and the judgment becomes final and conclusive around that time.

1. On August 18, 2009, in the vicinity of the D apartment sale office located in Eunpyeong-gu Seoul Metropolitan Government on August 18, 2009, the Defendant made a false statement to the victim C, stating, “The winning right of the apartment unit No. 223 Dong-dong 201 is KRW 110 million. A half of all, the Defendant made an investment. The Defendant would resell the principal and the profits by resale of the half of the apartment winning right of the apartment unit at the face of KRW 5 million.”

However, in fact, the defendant had no intention or ability to pay principal and profits by the resale of the winning right from the victim.

The defendant, by deceiving the victim, obtained 55 million won or more on the same day.

2. On August 28, 2009, the fraud Defendant made a false statement to the victim C, stating, “In the vicinity of the sale office of the E apartment located in Gwangjin-si on August 28, 2009, the Defendant would resell the apartment winning rights of 102, 1903, 103, 1403, and 1403, in front of the money, and would give the principal and profit.”

However, in fact, the defendant had no intention or ability to pay principal and profits by resale of the winning rights from the money received from the victim.

The defendant, by deceiving the victim, obtained 65 million won on the same day.

3. On September 1, 2009, the fraud Defendant made a false statement to the victim C, stating, “In the vicinity of the sale office of the E apartment located in Gwangjin-si on September 1, 2009, the victim C will resell the F apartment winning right of KRW 10 million and pay its principal and proceeds.”

However, in fact, the defendant had no intention or ability to pay principal and profits by resale of the winning rights from the money received from the victim.

The defendant, by deceiving the victim, obtained the victim's money of KRW 10 million on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The first written statement against the defendant in part of the interrogation protocol of the prosecution;

1. The second prosecutor's office against the defendant;