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

An application filed by an applicant for compensation shall be dismissed.

Punishment of the crime

1. Fraud against victim D;

A. On May 4, 2009, the Defendant made a false statement to the victim D at the time of the Defendant’s “F office located in Suwon-gu Etel 14th floor in Suwon-gu, Busan, stating that “I will sell the building in question under the name of the Party, if you sell the building in question for three months after the purchase of the building in question, at least KRW 50 million.”

However, in fact, even if the Defendant received money as down payment from the victim, he did not have the intent or ability to receive the commercial buildings in Masan under the name of the victim. The Defendant did not sell two commercial buildings only on the basis of down payment, and sold more than 50 million won after three months. The payment date of down payment under the commercial purchase contract, which the Defendant shown to the victim and signed, was before the victim received money from the victim on February 20, 2009, and the intermediate payment payment date was made on March 17, 2009, and the said contract had already occurred, and the Defendant was thought to use it for the purpose of repaying his obligation, etc. upon receiving money from the victim.

The Defendant, by deceiving the victim as such, was transferred from the victim to the account of community credit cooperatives in the name of the Defendant, KRW 40 million on May 4, 2009.

B. On May 14, 2009, the Defendant made a false statement to the victim at the place indicated in paragraph (a) stating that “I will complete payment if I lend the expenses for landscaping construction of the Incheon Cheongcheon District apartment and the mother’s hospital expenses.”

However, even if the Defendant borrowed money from the victim, he was thought to use it as an individual debt, and there was no intention to use it for the apartment landscaping corporation or mother for the hospital expenses.

As such, the Defendant, by deceiving the victim and deceiving the victim, shall be KRW 44 million on May 14, 200, and KRW 5 million on May 18, 2009.