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

Punishment of the crime

[criminal power] On May 26, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for fraud, etc. at the Jung-gu District Court, which became final and conclusive on June 3, 2011. On October 11, 2018, the Seoul Northern District Court sentenced the Defendant to one year and two months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court, and the said judgment became final and conclusive on March 15, 2019.

【Criminal Facts】

On November 2010, the Defendant came to know that the victim C was unable to perform the construction due to the lack of the cost of detached housing in the land owned by the victim in Pyeongtaek-gun, Gyeonggi-do (hereinafter “D land”), at the site of B nearby B located in Gangnam-gu Seoul, Seoul, the Defendant concluded that the victim’s false statement was that “B front B, which was in progress, was suspended due to the lack of construction cost of KRW 80 million. If the mortgage was established on the D land through the bond company, the amount of debt related to D land would be settled and the remaining money would be lent to B, and the construction cost would be KRW 1 billion after one month thereafter, and thus, it would be completed within three months by constructing a detached house on the D land.”

However, in fact, the defendant did not have any possibility of receiving construction cost of KRW 1 billion within one month due to the above B lending Corporation, and there was no particular revenue or property, and there was no intention or ability to complete the victim's land detached construction or repay the borrowed money.

On December 8, 2010, the Defendant, by deceiving the victim as above, received 70,440,000 won out of 200,000,000 won from among the 200,000,000 won when the victim borrowed D land from F as collateral at the office of Buddhist judicial scrivener in Jongno-gu

Summary of Evidence

1. Each legal statement of witness C and F;

1. Full certificate of registered matters, loan certificate, each fact-finding certificate, each receipt, A certificate of personal seal impression, letter of delegation for payment, register of the G stock company, and family relation certificate;

1. Previouss before ruling: Criminal references, and references;