A defendant shall be punished by imprisonment for not less than three months.

Criminal facts

On December 17, 2013, the Defendant was sentenced to one year of imprisonment with prison labor and three years of suspended execution on December 25, 2013, and the judgment became final and conclusive on July 22, 2014, which was sentenced to six months of imprisonment with prison labor and one year of suspended execution on July 30, 2014.

In fact, even if the Defendant received down payment from the victim C, the Defendant committed the following crimes despite the absence of the intent or ability to purchase the temporary re-purchase contract:

On February 2, 2013, the Defendant made a false statement to the “E” office for the victim’s operation “E” located in Pyeongtaek-si D, that “if there is temporary materials (building materials) at the Guri-si site, and the down payment of KRW 40 million will be concluded, the contract will be concluded. The amount of revenue of KRW 2-30 million may be the temporary materials purchased at the same place, which may be the date of transfer of KRW 30 million.”

Around April 30, 2013, the Defendant, by deceiving the victim as such, received 3 million won from the victim to the corporate bank bank account of F, designated by the Defendant, and acquired it by deceiving the victim.

B. On May 15, 2013, the Defendant made a false statement to the victim at an insular area (hereinafter referred to as “insular area”) stating that “The remaining down payment amounting to KRW 10 million will be remitted, as it will begin to take out temporary materials from the date insular area.”

Around May 15, 2013, the Defendant, by deceiving the victim as such, received from the victim a remittance of KRW 10 million from the F to the corporate bank bank account.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused (including C's statement)

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on details of passbook transactions;

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. The crime of this case with the reason of sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Code dealing with concurrent crimes is 40 million won by deceiving the victim.