A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On April 11, 2017, the Defendant made a false statement to the representative director of the victim BC office located in Gangnam-gu Seoul, Seoul, that in relation to the redevelopment project of the "K apartment", the Defendant is the executor and the contractor who is the actual owner, and all the liens are integrated, and since all the powers related to the implementation of the project have been adjusted without problem, the Defendant would distribute the profits if he/she would distribute the profits.

However, in fact, the contract between the F and the W reconstruction Housing Association, which is the project undertaker of the said redevelopment project, was terminated on June 23, 201, and F's project implementation right was cancelled on February 7, 2013, and F's implementation right was cancelled on February 7, 2013, and even if there is no lien that can be claimed in relation to the said development project, it did not have the intent or ability to distribute profits by proceeding the project.

The Defendant entered into a real estate investment contract with the victim on May 15, 2017, and received 70 million won from the victim via BF bank account (BG) in the name of the Defendant as the down payment on the same day.

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

Meanwhile, with respect to the Defendant, there was a final and conclusive judgment of fraud of two-year probation ("the first final and conclusive judgment") and nine-month imprisonment ("the second final and conclusive judgment") which became final and conclusive on March 28, 2018 on April 10, 2016. While the instant crime would be prior to the second final and conclusive judgment, insofar as the crime of the second final and conclusive judgment was around 2010 and was prior to the first final and conclusive judgment, the instant crime could not be adjudicated simultaneously with the crime of the second final and conclusive judgment, and thus, it does not constitute a latter concurrent crime of Article 37 of the Criminal Act.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to BD and BH;

1. A complaint, a certificate of evidence 1 through 7 (the details of transfer, etc. of a certified copy of the register), a written judgment, and a written judgment; and