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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
"2017 Highest 3177"
1. On March 2017, the Defendant against the Victim B: (a) in the fishing place located in Goyang-si C around the end of March 2017, the Victim B, who was aware of fishing at that place, is working as a person in charge of a fishing place in the Gu office; (b) if the Defendant deposits money into the account of a public official E in charge of the state-owned land in the Gu office, he would lease the state-owned land.
“.....”
However, the defendant did not have the intent or ability to rent state-owned land to the victim even if he did not receive money because there is no relation with the public officials of high viewing and D office.
Nevertheless, on April 10, 2017, the Defendant: (a) by deceiving the victim; (b) transferred KRW 2.3 million to the virtual account in the name of the Defendant for the payment of fines under the name of the F Bank in the name of the Defendant on April 10, 2017; and (c) transferred KRW 2.5 million to the G account in the name of E used by the Defendant on June 14, 2017.
Accordingly, the defendant deceivings the victim and defrauds 4.8 million won.
2. The Defendant against the victim H would lease the land for one year to the victim H, who was aware of fishing at the fishing place located in Goyang-si C at the end of April 2017, and that he would have the victim H, who was aware of fishing at that place, wired the amount of KRW 8 million rental deposit to the public official E in charge and KRW 1.6 million rental deposit to the account of the public official E in charge, and would have the victim H get out of the land after two years.
“.....”
However, in fact, the defendant did not have any relationship with the public official of the Gu office, so even if he received money, he did not have the intention or ability to lease the maintenance to the victim.
Nevertheless, on May 5, 2017, the Defendant: (a) by deceiving the victim as above; and (b) transferred KRW 2.5 million to the G account in the name of the Defendant’s use on May 5, 2017; and (c) transferred KRW 2.5 million to the same account on May 31, 2017.
Accordingly, the defendant deceivings the victim and defrauds the victim of 5 million won.