A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[Criminal Power] On August 19, 2014, the Defendant was sentenced to a suspended sentence of one year and six months for fraud at the Jeonju District Court, and the judgment became final and conclusive on August 27, 2014.

【Criminal Facts】

On January 22, 2015, the Defendant made a false statement to the victim F’s residence in Gangdong-gu Seoul E 601, stating that “The Defendant would work as the head of the Working Group at the G apartment construction site located in the ceiling, and would make the two commercial buildings purchased money under the pretext of down payment and premium.”

However, the Defendant was not the head of the Working Group at the apartment construction site, but merely employed workers belonging to the sub-project, and there was a debt of KRW 15 million, but there was no specific property to use the money received from the victim to pay his/her debt, and thus, there was no intention or ability to allow the victim to purchase apartment commercial buildings.

The Defendant received KRW 5 million from the victim to the NA account under the name of the Defendant’s name as the down payment and premium for sale in the above temporary commercial building, and acquired the total amount of KRW 119,700,000 from November 15, 2015 to 12 times in the same way as in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Account details, written statements, and recording records;

1. Investigation report (attached details of warrant execution of the NongHyup Account A of a Suspect), details of account, investigation report (attached results of warrant execution for the NongHyup Account in the name of a suspect), investigation report ( telephone communications, such as the G sales office);

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (Attachment to judgments on similar fraudulent cases committed by suspects), judgments, and application of Acts and subordinate statutes to the information inquiry of cases;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes are 1.