A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Punishment of the crime

On August 21, 2019, the Defendant was sentenced to eight months of imprisonment for fraud in the Busan District Court's Dong Branch Branch, and the above judgment became final and conclusive on August 29, 2019.

Criminal facts

On March 2018, the Defendant: (a) around the hotel coffee shop located in the Busan East-gu, Busan Metropolitan City, promoted a primary complex construction project to E in the F of Ulsan-gun, Ulsan-gun, and 11 lots of land. The Defendant said that, upon paying KRW 100 million in the name of the deposit, the Plaintiff would be in charge of a new project sales agency later, if he first pays the deposit amount of KRW 100 million.

However, the Defendant did not have any particular property or income at the time, and in fact, purchased 11 lots outside Ulsan-gun F, Ulsan-gun, or obtained the consent to use the above land and did not proceed with the application for permission for the construction of a main complex, and even if the Defendant received KRW 100 million from the victim as a security deposit, there was no intention or ability to have the victim take charge of the construction project as a sales agent.

Ultimately, on March 8, 2018, the Defendant, by deceiving the victim as above, received KRW 20 million from the G bank account (Account Number H) in the Defendant’s name, KRW 20 million from the said account around September of the same month, and KRW 60 million from the said account around 13th of the same month.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on police statements to C (person for reference's I telephone conversations), investigation report (person for reference's E telephone conversations), investigation report (person for reference's J telephone conversations), investigation report (related to damage amount), investigation report (person for reference's K telephone conversations), inquiry report (victim's C telephone conversations), and inquiry into requests for cooperation in investigation (related to permission for construction and approval for project plans);

1. The loan certificate, the large service contract for sale in lots, the performance guarantee, the notarial deed, and the statement of payment;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of facts which are concurrent crimes under the latter part of Article 37 of the Criminal Act), and application of a copy of judgment;

1. Criminal facts;