A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On June 7, 2018, the Defendant was sentenced to five years of imprisonment for fraud, etc. at the Seoul Eastern District Court, and the said judgment became final and conclusive on August 9, 2018.

On April 24, 2013, at the supervision office at the Gangseo-gu Seoul Metropolitan Government New Construction Site (Seoul), the Defendant stated that “A victim C shall be entitled to the right to operate a restaurant at the construction site in Yangcheon-gu Seoul Metropolitan Government E and Gangseo-gu F, which is delegated by D companies with all rights to operate the restaurant at the site, and if a restaurant contract is entered into at the construction site, the Defendant would be entitled to the right to operate the restaurant at the construction site in Yangcheon-gu Seoul Metropolitan Government E at the cost.”

However, there is no fact that the defendant was entrusted by the D company with the authority to operate the restaurant at the construction site, and even if he received money from the victim, he thought that it would be used as a repayment to the victims of separate cases that had been enticed by the same method, and the victim did not have the intention or ability to grant the right to operate the restaurant at the

As such, the Defendant, by deceiving the victim, was transferred from the victim to the G account under the name of the Defendant, KRW 70 million on May 3, 2013, KRW 150 million on May 15, 2013, KRW 200 million on May 22, 2013, and KRW 200 million on May 22, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A detailed statement of deposit transactions, a remittance certificate, an on-site restaurant contract, or an on-site restaurant contract, each letter of delegation;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. The sentencing factors indicated in the argument of the instant case, including the following circumstances and the reasons for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act, shall be determined by comprehensively taking into account the sentencing factors indicated in the argument of the instant case, such as the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime.

The defendant's mistake is recognized as a favorable circumstance.