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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. B BD frauds came to be close to the relationship between the victim C and the trainee, and from September 2014, the victim collected money through the four-day shop shop shop from around September 2014, and the victim knew that the disposal of the house remains to the extent of KRW 90,000,000 when he/she disposed of it, he/she attempted to obtain money from the victim under the name of the bid for the right to operate the pool.
Therefore, the Defendant, from around that time, stated that “The Defendant is expected to participate in the bid for the right to operate a pool of ice B, but only KRW 100 million, can be awarded a successful bid. In order to obtain a successful bid, the actual owner of the house is the party, so it would be able to hold and operate economic rights in the Kabter because he/she is the party to receive a successful bid. If he/she sells membership and operates his/her membership for the period of 2-3 years, the degree of KRW 100 million can be avoided, and thus, he/she also lives in the pelter.”
However, in fact, since there was no notice of bidding on BD pool, and there was no notice of demanding the payment of bid deposit, it was not clear whether the actual bid will be opened or not, and since the defendant thought that he would use the money from the victim for its operation expenses or cost of living, the bid bond or bid deposit is merely a name for receiving money from the victim, and the defendant did not have the intent or ability to allow the victim to operate the said ice pool with the right to operate the ice pool.
Nevertheless, the Defendant:
A. On October 3, 2014, the victim knew that he/she received KRW 10 million of the down payment for the collection and sale of house, and deceiving the victim “First of all, five million won of the down payment for the off-to-face Dap tender will be changed first as he/she needs to be decided first,” and then, he/she is the victim’s deposit for the up-to-face 5 million won from the Daegu bank account under the name of the Defendant on the same day.