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

Punishment of the crime

[Criminal Power] On October 12, 2018, the Defendant was sentenced to seven years of imprisonment for fraud at the Busan District Court, and the judgment became final and conclusive on December 28, 2018.

【Criminal Facts】

On September 19, 2016, the Defendant made a false statement to the victim B that “When he/she has paid a deposit amount of KRW 40 million from September 19, 2016 to the 19-day successful bid price, he/she will receive the successful bid price when he/she will receive the successful bid.”

However, when the Defendant: (a) from around 2011 when he was operating a successful bidder from around 2011 to around 2013, the Defendant: (b) borrowed personal money from around 2013 to the members of the fraternity; and (c) paid the successful bid price to the members of the fraternity who became the order of priority; and (d) in the event that the Defendant is unable to pay the successful bid price to the members of the fraternity who became the order of priority by means of the total payment received from the members of the fraternity, the Defendant did not have the ability to pay the successful bid price by the method of the last bid payment; or (e) in the event that the successful bid price is not paid by the date of successful bid payment to the members of the fraternity who became the order of priority, the Defendant did not have the ability to pay the successful bid price to the members of the same fraternity by the method of the other fraternity instead of the payment of the successful bid price; or (e) in the case that the remaining members of the fraternity other than the Defendant did not have the ability to receive the successful bid payment from the victim.

Nevertheless, the defendant deceivings the victim as above, and such deceivings 1,690,000 won from the victim on October 19, 2016 under the husband C of the defendant.