A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On September 14, 2017, the Defendant entered into a contract with the victim D to newly build a house and warehouse at KRW 80,000,000 in each city with the victim D at an office of an administrative agent located in Tonju City, and falsely stated that “I will completely construct a house and earba raising house. I believe that I will be responsible for the permission for the breeding house of E, and leave the liquor tax.”

However, even if the defendant receives the construction cost, he did not have the intention or ability to construct the house and warehouse for the victim.

Accordingly, on September 14, 2017, the Defendant, by deceiving the victim, transferred KRW 8 million from the victim to the Defendant’s credit union account (Account Number F) on the pretext of down payment on or around September 14, 2017, and acquired KRW 22 million in total from the above account on or around September 15, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A construction contract;

1. A copy of the bankbook and a detailed statement of passbook transactions;

1. Application of statutes on site photographs;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months.

3. Determination of sentence: Imprisonment with labor for April, the Defendant received 30,000 won from the victims to use them as living expenses and entertainment expenses in full, and the amount of damage has not been substantial and most of the damage has not yet been recovered;

In addition, the defendant has been punished as a crime of fraud only once.

However, the defendant returned 2 million won to the victim.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.