Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

[2015 Highest 1167] The Defendant’s “E” for the operation of the Victim D in Yangsan-si C around May 2011

Before February 2012, 201, the victim and the person who had been aware of each other while drinking alcohol at the main point.

At the main point, the victim made a false statement to the effect that “In-house landscaping companies are operated, and the most recent four people die at the site, and the property equivalent to KRW 7.8 billion is seized to the court. The head of the Yangsan Police Station investigation division is conducting an auction of real estate as a side business, and there is real estate at a good price. On September 2012, the above seizure case is all covered by the auction deposit, and the auction deposit will be repaid.”

However, in fact, the Defendant did not have any specific property, and did not operate the landscaping company because he was merely a worker employed by the landscaping company, and there was no accident that the father died, and thus, the Defendant’s property was not seized to the court. Moreover, the Defendant’s punishment did not work as the head of the investigation department of the Yangsan Police Station, and did not run the real estate auction business, and there was a plan to consume money from the victim as living expenses, entertainment expenses, etc., so even if he borrowed money from the victim, the Defendant did not have any intent or ability to repay it.

Around February 28, 2012, the Defendant received KRW 300,000,000 from the victim, in total, KRW 30,000 from the victim, the sum of KRW 30,000,000 from the 158,20,000,00 from the victim, as shown in the crime list (1) of the attached Table, from the day on July 11, 2013, the Defendant received from the victim a total of KRW 39,00,00 from the victim.

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

[2015 Highest 1388]

1. The Defendant on March 2013