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

Punishment of the crime

[criminal power] On July 7, 2017, the Defendant was sentenced to two years of suspension of the execution of imprisonment for a crime of fraud at the Seoul Western District Court, and the judgment became final and conclusive on December 21, 2017.

On the other hand, the Defendant was guilty of fraud for two years of suspended execution (hereinafter “ separate final judgment”) in June of 2018, which became final and conclusive on February 9, 2018, and the instant crime would also be prior to the separate final and conclusive judgment. However, insofar as the crime of separate final and conclusive judgment was committed around December 21, 2017, such as the criminal records, before the final and conclusive judgment was rendered on December 21, 2017, the instant crime cannot be judged simultaneously with the separate final and conclusive judgment, and thus, does not constitute a concurrent crime under Article 37

【Criminal Facts】

On March 4, 2015, the Defendant stated that “The Defendant would sell W reconstruction apartment (K apartment) BN which F is reconstructed on the land, other than in Gyeyang-gu, Incheon-gu, Incheon-gu, Seoul-si, to the victim BL office, that “The Defendant would sell it in lots at KRW 280 million or KRW 150 million, and have it move within three months.”

However, in fact, F was unable to normally carry out the construction due to the financial shortage, the contract with W reconstruction Housing Association, which is the project undertaker of the said redevelopment project, has already been terminated, and even if there is no lien that can be asserted in connection with the above apartment, it did not have the intention or ability to move into the building by completing the building within three months even if it was received money from the victim.

The defendant received 100 million won in cash from the victim, namely, the down payment and intermediate payment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol concerning the examination of suspect by the prosecution against the accused;

1. Statement of the police statement concerning BO;

1. The complaint, three copies of the decision, the Incheon District Court 201 Gohap13759, each of the decisions on the investigation reports, the attachment of the decisions on the investigation reports, the hearing of the statements of the complainants.