A defendant shall be punished by imprisonment for seven months.

Punishment of the crime

On June 17, 2015, the Defendant: (a) at the 'M restaurant located in Ansan-si, Ansan-si; (b) at the victim J, the Defendant: (c) stated, “Around the end of July 1, 2015, the victim J would pay the amount of money that KRW 198,00,000,000 in total of the deposit money for 10 households of the 10 households of the NA-gu, Ansan-si; and (d) subsequently, the Defendant would be entitled to start construction works from August 1, 2015 if the tenants were first presented until the end of July 2015.” (e.g., down payment of KRW 50,00,000 and the total contract amount of KRW 52,60,000,000,000,000 in total.”

However, in fact, the Defendant planned to stop the return of the down payment received from the injured party, such as using the down payment in repayment of personal debt, and did not properly verify whether it is possible to lend the bank. At the time of other construction sites, the Defendant already bears the construction cost liability equivalent to KRW 86.4 million in total, and the loan liability equivalent to KRW 39 million in total at the other construction sites, and even if he/she receives the down payment from the injured party, he/she did not have the intent or ability to start the new construction of the multi-family house.

Nevertheless, as above, the defendant deceiving the victim and deceiving him/her as such, KRW 13 million around June 18, 2015; KRW 3 million around the 19th day of the same month; KRW 10 million around the 20th day of the same month; KRW 4 million around the 21th day of the same month; KRW 6 million around the 22th day of the same month; KRW 4 million around the 29th day of the same month; and KRW 4 million around the 29th day of the same month;

7.3. Around 10 million won, a total of KRW 50 million was remitted to the Agricultural Cooperative Account (F) in the name of the Defendant, respectively, on seven occasions, including KRW 10 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Written complaint by J;

1. Each investigation report (No. 15, 17, 19, 32, No. 15, 19);

1. A certificate fully registered in real estate;

1. A copy of a name tag, a copy of a contract for work, a copy of a passbook and a statement of remittance, a copy of a certificate of electronic financial transfer results, a recording recording, or a judgment;

1. Application of Acts and subordinate statutes governing text messages;

1. Relevant Articles of the Act concerning the facts constituting the crime;