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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal records] On January 29, 2016, the Defendant was sentenced to the suspension of the execution of six months of imprisonment for fraud at the Suwon Friwon, and the judgment became final and conclusive on February 6, 2016.

[2] On November 201, 2013, the Defendant made a false statement to the victim C, stating that “The construction of the apartment building of 1,340 Y 1,340 in Gyeongnamsansansan, at the Daewoo Industrial Development Co., Ltd., Ltd., which is located near the area of the construction site, the Defendant made a false statement to the victim C, stating that the Defendant would have the right to operate the restaurant (one-time restaurant) at the construction site.”

However, at the time, the treatment industry development corporation did not have the right to operate the restaurant in the state that it was concluded only with the City event and understanding of the above construction, and the defendant did not have concluded a regular contract on the right to operate the restaurant from the treatment industry development corporation, and even if it was received the down payment from the injured party, it was intended to use it for personal purposes, and there was no intention or ability to reduce the right to operate the restaurant to the victim.

On November 28, 2013, the Defendant received transfer of KRW 10 million from the injured party as the price for the restaurant operation right, from around November 28, 2013, and from that time until May 2014, the Defendant received a total of KRW 110 million from the time to May 2014 as shown in the list of crimes.

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

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement C in the police interrogation protocol concerning the accused;

1. Statement made by the police against C;

1. Each investigation report (E and telephone communications, F and telephone communications);

1. Contracts of operating a restaurant at the site, promissory notes, understanding of construction works for public rental apartment in Yangsan D, notification of approval for a rental housing construction project plan, and details of transactions of passbook F;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigation (report attaching a sentence of judgment);

1. Relevant Article of the Criminal Act, Article 347(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment.