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

The defendant shall pay 124,517,800 won to the applicant for compensation by fraud.

3.2

Punishment of the crime

[criminal power] On October 26, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for one year at the Incheon District Court, and the judgment was finalized on March 28, 2013. On November 5, 2013, the Seoul Western District Court sentenced two years of suspension of execution to four months of imprisonment with prison labor for fraud, etc., which became final and conclusive on November 13, 2013. On September 12, 2014, the Seoul Western District Court sentenced two years of suspension of execution to six months of embezzlement, which became final and conclusive on September 20, 2014.

【Criminal Facts】

1. On June 6, 2011, the Defendant called the victim D by telephone at the early influence, and concluded that “The Defendant would purchase real estate at auction when making joint investments in money for ten (10) years in the auction to divide profits from the auction and arrange a loan to make an investment.”

However, the facts are that the defendant should pay not less than seven million won of the monthly loan interest at the time. Even if he receives investment funds from the victim, he thought that it will be used for the purpose of living expenses, payment of interest on loans, etc., and he did not have any intention or ability to invest in the real estate auction.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 7 million from the victim to the new bank account in the name of the Defendant, and acquired it by deceiving the victim five times from around that time to September 26, 201, as shown in the attached crime list, as well as from around September 201 to September 26, 201.

2. On April 18, 2012, the Defendant called the victim D by phoneing the case to the victim D, and falsely stated that “A lawsuit, such as attorney fees, is required while a court conducts a civil lawsuit, and attorney fees, etc., is won and paid in favor of several months, and if the Defendant borrowed the litigation cost, such as attorney fees, etc. upon the completion of the lawsuit, he/she will pay the interest on the loan, and the principal will be repaid upon the completion of the lawsuit.”

However, the facts are.