Defendant shall be punished by imprisonment for a term of one year and two months.

An application for compensation order shall be dismissed by an applicant.

Punishment of the crime

【The Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud, etc. at the Seoul Northern District Court on November 21, 2016, and the judgment became final and conclusive on January 24, 2017. On April 18, 2019, the Seoul Northern District Court sentenced ten months of imprisonment for fraud at the Seoul Northern District Court on June 27, 2019, and the judgment became final and conclusive on June 26, 2019. On June 26, 2019, the Defendant was sentenced to a suspended sentence of one year and six months of imprisonment for fraud and ten months for occupational embezzlement, and the judgment became final and conclusive on January 23, 2020.

On July 8, 2020, the Defendant appealed from the District Court to a one year and two months of imprisonment for fraud, and was sentenced to a dismissal judgment on October 23, 2020, and the said judgment became final and conclusive on October 31, 2020.

【Criminal facts】 2020 Highest 5043】

1. On March 11, 2011, the Defendant may receive compensation for loss of business rights as a commercial site or a site for living countermeasures from the victim F in the office of the Defendant in Songpa-gu Seoul Songpa-gu, Seoul, for losses of business rights from purchasing plastic houses to the target area of the Gangnam-gu G development project.

If a person is not selected as a person to be supplied within 2011, the investment will be refunded.

In fact, the victim who did not farming in the above area was not entitled to receive compensation, and thus, in order to receive compensation for business rights from the LH Corporation, the Defendant did not have the intent or ability to receive compensation for business rights, and the Defendant did not have the intent or ability to return the investment money to the victim if the victim was not selected as the person subject to compensation for business losses.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received cash KRW 10 million from the victim as the down payment on the same day from the victim; and (c) transferred KRW 97 million to the H bank account (I) in the name of the Defendant on March 25, 2011 as the remainder under the name of the victim.

2. On June 21, 2012, the Defendant is the victim at the E office indicated in the preceding paragraph.