A defendant shall be punished by imprisonment for four years.

The defendant is 4 million won by fraud to C who is an applicant for compensation, and D who is an applicant for compensation.

Punishment of the crime

[Judgment of the court below]

1. On February 10, 2012, the Defendant made a false statement to the effect that “The Defendant, in a place where the location cannot be known, made an investment by phone call from the victim I to the effect that “I would be able to seek the right to sell in lots if he/she wanted to sell in lots the Nam-gu Busan Metropolitan City J apartment.”

However, in fact, the defendant only intended to pay the money that he received from the victim to the existing investors and to use for futures investment, and did not have the intention or ability to purchase the J apartment sales right.

Nevertheless, the Defendant, by deceiving the victim as above, received from the victim a total of KRW 5 million on February 10, 2012, KRW 10 million on February 14, 2012, KRW 5 million on February 15, 2012, KRW 16,3 million on February 16, 2012, and KRW 1 million on February 28, 2012, KRW 64 million on March 9, 2012.

2. Fraud to K of a victim;

A. On February 28, 2012, the Defendant made a false statement to the effect that “Around February 28, 2012, the Defendant sold an apartment unit to the victim K in Busan, Seosan-gu J apartment, and made an investment to purchase the passbook and receive the right of sale.”

However, in fact, the defendant only intended to pay the money that he received from the victim to the existing investors and to use for futures investment, and did not have the intention or ability to purchase the J apartment sales right.

Nevertheless, the Defendant, by deceiving the victim as above, received from the victim each transfer of KRW 12 million on February 28, 2012, and KRW 20 million on February 29, 2012, under the pretext of investment in the right of sale in lots.

B. Around July 13, 2012, the Defendant made a false statement to the effect that “The Defendant would make an investment in the purchase of N apartment winning tickets in Busan Southern-gu J apartment complex” with the victim K in the above M&E.

However, in fact, the defendant only purchased the J apartment sales right for the purpose of paying the money received from the victim to the existing investors and using the money for the futures investment.