A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 12, 2013, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Changwon District Court on November 12, 2013, and completed the execution of the sentence in the Changwon Prison on May 1, 2014.

On November 26, 2014, the Defendant made a false statement to the victim C, stating, “AD hotel located in Busan Metropolitan City Shipping Daegu has already been acquired at the Liber Construction Office, which is located in the 54-ro, Busan Metropolitan City, an annual Do 8-ro, 54, a 54-ro, a d hotel in Busan Metropolitan City, to conclude a contract: Provided, That it is necessary to pay money because there is a large amount of money to complete a hotel acquisition, and if it is lent KRW 30,000,000,000,000 won, it would be paid at the time of the completion of the construction work.”

However, on October 2014, the Defendant did not take over the said hotel under the condition that Sbnb Korea Co., Ltd. and the Defendant, who are the development acts of the said hotel, have made a contract for business rights transfer and acquisition on condition that the Defendant would attract investments equivalent to KRW 2 billion. In order for the Defendant to take over the said hotel normally, the Defendant did not have the intent or ability to pay the said acquisition price in cash, but the Defendant did not have the intention or ability to pay the said acquisition price normally, and was thought to use the money as the office deposit, employee monthly wage, etc. with the victim, even if he received money from the victim, he did not have the intent or ability to give the said hotel interior contract to the victim.

The Defendant, by deceiving the victim as above, received a total of KRW 76 million from the victim on five occasions under the pretext of the transfer cost of hotel registration, attorney fees, etc. from November 27, 2014 to December 25, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Statement to C by the police;

1. Materials set forth in subparagraphs 3 through 10, 16, 19, 23, and 27;

1. Investigation report (No. 21,24,25,33);

1. Previous convictions in judgment: The application of criminal records and investigation reports (No. 31) Acts and subordinate statutes;

1. Article 347 of the Criminal Act of this Act concerning criminal facts.