A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal Power] On February 22, 2013, the Defendant was sentenced to eight months of imprisonment for fraud at the Ulsan District Court, which became final and conclusive on May 8, 2014.

【Criminal Facts】

1. On January 13, 2014, the Defendant made a false statement to the victim at the victim D’s house located in Jeju-si, stating that “The Defendant would have to pay 90,000 won to the victim with the need to pay the money, if he/she lends the money to the victim.”

However, in fact, the Defendant had no fixed income or property under the name of the Defendant at the time, and was in a bad credit position due to the Defendant’s failure to repay the obligation of approximately KRW 20 million, and thus, there was no intent or ability to repay the said amount even if the Defendant borrowed money from the victim.

Accordingly, the Defendant, by deceiving the victim, was transferred KRW 90,000 to the Busan Bank account in the name of the Defendant on January 13, 2014 for the purpose of borrowing money from the victim.

2. On January 2014, the Defendant: (a) purchased the land and buildings in front of the house of the victim D in Jeju Island; and (b) purchased the land and buildings in front of the house of the victim; and (c) removed the buildings; (d) constructed the building on the second floor and built the building on the second floor (the defendant) and resided in the second floor (the second floor) so that the new (victim) can operate the pent or the stringing house; and (e) lent the necessary expenses, such as the down payment, etc. for the purchase of the land.”

However, in fact, the Defendant did not intend to purchase the land and the building in front of the victim’s house and to construct a new building. The Defendant received money from the victim and thought to use it for the investment of stocks. The Defendant did not have any fixed income or property under the name of the Defendant at the time, and did not pay approximately KRW 20 million in bad credit, and thus, the Defendant did not have any intent or ability to pay the money even if receiving money from the victim.

Accordingly, the Defendant, by deceiving the victim and deceiving him/her to the Busan Bank account from the victim as land purchase price, is KRW 20 million on January 18, 2014, KRW 10 million on February 19, 2014, and KRW 30 million on March 3, 2014.