A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. Around June 2009, the Defendant against the victim C made a false statement to the victim C at the E office located on the third floor of the building in Gangnam-gu Seoul Metropolitan Government, stating that “afterward paid down payment of down payment and intermediate payment of KRW 3 billion to the store development project in Dobong-gu Seoul Metropolitan Government, and that it is possible to grant the right to sell in lots as it is carrying out all projects with the authority delegated by the internal authority.”

However, even if the defendant receives money from the victim for the purpose of the expense, he did not have the intention or ability to exercise the right of vicarious sale.

The Defendant, from the victim, received KRW 60,000 from the victim the Defendant’s wife’s account in the name of the National Bank (G), KRW 700,000,000 on June 15, 2009, KRW 500,000 on July 29, 2010, KRW 100,000 on February 4, 2010, KRW 300,000 on December 30, 200, and KRW 3 million on January 8, 2010, from one bank (I) in the name of H, designated by the Defendant, on behalf of the Defendant, around February 2, 2010.

2. Around June 2009, the Defendant made a false statement to the victim K at the above E office stating that “The Defendant changed the victim K to KRW 10 million as an advertising agency right, and an advertising committee and sales agency right, which shall reduce the amount of KRW 10 million,00,000.”

However, even if the defendant receives deposit money from the victim, the defendant did not have the intention or ability to exercise the right of advertising agency or the right of sales agency.

On August 21, 2009, the Defendant received from the victim the delivery of KRW 10 million to the above national bank account in the name of the Defendant’s wife F.

Summary of Evidence

1. Each legal statement of C witness and K;

1. Search, seizure, verification warrant and reply;

1. Application of Acts and subordinate statutes to the head of a complaint and remittance of money;

1. Relevant provisions of the Criminal Act, Article 347(1) and (2) of the Criminal Act (the point of fraud againstC), Article 347(1) of the Criminal Act (the point of fraud against K), the choice of imprisonment with prison labor

1. Of concurrent crimes, the former part of Article 37, and Articles 38(1)2 and 50 and above of the Criminal Act are applicable; and