A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On February 29, 2008, at the defendant's office located in Mineyang-si D before the south of the Republic of Korea on February 29, 2008, the defendant would be required to accept the permission because the consent of land use, design drawings, access roads, and civil petitions are all resolved with respect to the gathering of sand in the F in the south Mineyang-si, Namyang-si.

In order to collect sand with a sand collection permission, a false statement was made that "the cost of 150 million won necessary for obtaining a sand collection permission shall be invested," and "the cost of 150 million won shall be invested."

However, the defendant did not have the intention or ability to receive sand gathering permission even if he received an investment from the injured party.

The Defendant received 150 million won as a check from the injured party, i.e., a check from the injured party for the purpose of investment.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements from witnesses E and G;

1. The Defendant and the defense counsel denied a crime that did not collect sand because the victim did not pay additional investment money.

However, according to the contract entered into between the Defendant and the victim, if the victim pays KRW 150 million for the primary investment, the Defendant uses the said money for expenses incurred in solving the problem of sand taking out and for expenses incurred in obtaining permission, and all sand in the open space within one week is to take out and receive a written permission to extract aggregate. However, even though the Defendant did not fully prepare for the permission to extract aggregate and did not use the said money for the purpose specified in the contract, and did not receive a written permission to extract aggregate within one week, the Defendant’s assertion cannot be accepted.

Application of Statutes

1. Article 347(1) of the Criminal Act regarding criminal facts, Article 347(1) of the selective criminal law, and Article 347(1) of the Criminal Act, the reason for sentencing of sentence of imprisonment is not small.