A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

To the extent that it does not interfere with the defendant's right of defense, the facts charged was partially revised and recognized.

On May 10, 2014, the Defendant joined the bid price of KRW 50 million per month, KRW 2.5 million per month, and KRW 2.5 million per month, and KRW 6.5 million from that time to August 2014.

Around September 15, 2014, the Defendant found the victim’s house located in Gwangjuyang-si C and the third floor, and made a false statement to the victim, stating, “The Defendant would have to receive the successful bid payment at the early stage due to a sudden circumstance, even though he/she attempted to do so during the late 16-month period.” The Defendant would not cause damage by paying the winning payment in good faith for the remaining 16-month period.”

However, as the defendant did not have any particular property or income and is difficult to cope with the living expenses, there was no intention or ability to pay the remainder for the remaining period even if he received the successful bid payment from the victim.

Ultimately, the Defendant, by deceiving the victim as above, received from the victim the total amount of KRW 35,80,000,000 from the victim on September 15, 2014, KRW 10,000,000 around September 16, 2014, KRW 5,000,000 around September 17, 2014, and KRW 10,880,00 from the victim on September 17, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning B;

1. Copy of a statement of deposit transactions and a certified copy of the deed;

1. Investigation report (Submission of the statement of transfer of funds by the suspect of the victim), and detailed statement of transfer;

1. Investigative report (Submission of details of usage of suspect damage), details of deposit transactions, and defense counsel shall deny the criminal intent of defraudation;

However, the following circumstances revealed by the aforementioned evidence, i.e., the Defendant, even at the time of having subscribed to the accounts operated by the victim, requested the payment of the fraternity in advance.