The defendant shall be punished by imprisonment for six months with prison labor for the crime of fraud against the victim B, and shall be punished by fraud against the victim C.

Punishment of the crime

[criminal record] The Defendant was sentenced to four months of imprisonment for fraud at the Daegu District Court on September 8, 2009, and the judgment became final and conclusive on September 16, 2009. On December 11, 2009, the Daegu District Court sentenced one year and six months of imprisonment for fraud at the Daegu District Court on December 19, 2009, and the judgment became final and conclusive on July 30, 2010, and the execution of the sentence was completed on October 2, 2010. On January 5, 2012, the Daegu District Court was sentenced to ten months of imprisonment for fraud and three years of suspended execution and became final and conclusive on July 14, 2012.

[2015 Highest 2543] On September 23, 2008, the Defendant, at the E Akbook located in Daegu Dong-gu, Daegu-gu, Inc., “F Co., Ltd., a venture business of solar power generation, operates a venture business of solar power generation” to the victim B, “If the total contract price of KRW 8.5 billion is KRW 8.5 billion, he/she may put the victim B into a solar power plant at KRW 1,00K in Youngcheon-si G (hereinafter “instant site”).

First of all, 90,000,000 won as the down payment shall be subject to permission for the exclusive use of power plants and mountainous districts, and the environmental impact assessment procedure shall be completed, and all procedures will be implemented up to the phase prior to the commencement of construction works of electric power plants, such as approval for civil engineering design, architectural design, and electric design.

“Along with the victim, the term “a solar power plant-permission service and construction contract” was concluded with the victim.

However, at the time of fact, the Defendant did not confirm against the competent authority whether it is possible to build a solar power plant in the instant site, and even if he received money from the injured party, he did not have the intent or ability to build a solar power plant in the instant site and to allow the injured party to operate it.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 50 million from the victim on the same day, i.e., from the victim, and received KRW 10 million from the agricultural bank account (H) in the name of the Defendant on October 31, 2008, and obtained KRW 10 million from the above account on November 4, 2008 to receive KRW 70 million as the down payment, and acquired it by defrauded it as the down payment.

[2015 Highest 3896] Defendant on January 2013.