A defendant shall be punished by imprisonment for not less than three years and six months.

Punishment of the crime

[2013 High 369] Around November 2010, the Defendant: (a) at the hotel coffee shop of “F” located in Gangnam-gu Seoul Metropolitan Government, only owns mining rights; (b) did not obtain permission from the competent authority to collect earth and rocks; and (c) did not have entered into a contract with H to complete the responsibility with the victim to carry out the L/C business or received a promise to lend KRW 20 billion from the L/C insurance; (d) the victim I may sell the earth and rocks collected at KRW 180 billion upon collecting earth and rocks at KRW 200 billion at the 3rd 4th e.g., the 2000,000,000,000,000,000,000 won; and (e) the Defendant received KRW 100 billion from the 201 billion,000,0000,000,0000 won from the 200,000,000 won,00 won,00 won.

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

[2014 Gohap177] On July 25, 2007, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Central District Court on July 25, 2007, and completed the execution of the sentence at the Seoul Detention Center on October 16, 2007.

On November 30, 2009, the Defendant only owned a mining right and could not collect earth and rocks because it did not reach an agreement with the Jeonbuk-gun with respect to the collection of earth and rocks. However, the Defendant did not collect earth and rocks from the victimO on the ground that “it is possible to extract earth and sand due to a mining right, and may give a big benefit upon receiving a contract to supply earth and sand and aggregate to the Saemangeum reclamation work in the vicinity of Gangseo-gu Seoul Metropolitan Government due to the preferential treatment of rural construction.”