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

Punishment of the crime

On February 15, 2011, the Defendant was sentenced to a suspended sentence of imprisonment for four months at the Seoul Central District Court for fraud, and on February 23, 2011, the judgment became final and conclusive.

On June 30, 2009, the Defendant made a false statement to the effect that “A Co., Ltd. E is a company conducting redevelopment in the Jongno-gu Seoul Metropolitan Government G District,” and that “A Co., Ltd. is a company conducting redevelopment in the E office of the Defendant’s management of the building A, 1201, Dong-gu Seoul Metropolitan Government, and the victim F is a company conducting redevelopment in the Jongno-gu Seoul Metropolitan City G District. On the face of KRW 80 million, removal construction in this site will be reduced

However, in fact, the executor of the above redevelopment project was (ju) H, and the defendant prepared a letter of intent to purchase (ju) H around April 10, 2009, but did not secure the enforcement right because he did not receive any particular property or income, and did not receive any investment or loan for this purpose, (ju) H failed to pay the acquisition cost of the project right. Since it was scheduled to pay 51 million won out of the money received from the victim as the introduction cost to the person who introduced the victim, the victim did not have the intent or ability to place the removal order as agreed by the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 80 million from the victim under the pretext of the right to remove.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F, I, and J;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Statement of each police statement made to F and I;

1. Each contract agreement;

1. Criminal records;

1. Application of Acts and subordinate statutes to prosecution investigation reports (Attachment to judgment);

1. Article 347 (1) of the Criminal Act applicable to the crimes. Article 347 (1) of the Criminal Act;

1. The defendant asserts that the judgment on the argument of the defendant and his defense counsel under the latter part of Articles 37 and 39(1) of the Criminal Procedure Act concerning concurrent crimes is concluded with K, and the above F is not a contracting party, and it cannot be recognized as a victim.

However, a person who remitted the above 80 million won is F, and K and F as a joint contractor.