A defendant shall be punished by imprisonment for two years.

The defendant paid 270,7810,000 won to the applicant B.

Punishment of the crime

The Defendant, through the Kakao Stockholm message and telephone, sold to the victim B a special shopping mall called “E” to its executives and employees in “D”, who were in office as executive director, at a place where it was unknown on June 2016. The Defendant would wish to sell one employee who was sold in lots.

section 3.

A half-yearly investment made a false statement that he/she purchased and leased 110 of the first floor of the commercial building.

However, the Defendant was not the executive director or employee of the said “D” and even if he received money from the injured party due to the excess of his obligation while running his personal business, he did not intend or have the ability to purchase the said commercial building.

Around June 28, 2016, the Defendant deceiving the victim as above and received KRW 130,000,000 from the Defendant’s spouse’s new bank account (Account Number G) with the Defendant’s spouse’s name as the sales price for the above commercial building from around June 28, 2016, and was transferred from around May 17, 2017 to the Defendant’s Suhyup Bank account (Account Number H) and a new bank account in the above F’s name as shown in the list of crimes committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to the details of text messages, E (Sale), E commercial contracts, taxation (tax payment) certificates by specific item, bank transaction details and deposit slips, Kakao Stockholm dialogues;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Where the applicable sentencing criteria [the scope of the recommended punishment] is very poor in the course of committing the crimes of Class 2 (at least KRW 100 million, but less than KRW 500 million) in the area of aggravation (at least two years and six years from June to six years) of the general fraud;

2. Determination of sentence;