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

Punishment of the crime

On December 12, 2013, the Defendant sentenced the Suwon District Court to imprisonment with prison labor for fraud, etc. and completed the execution of the said punishment on March 21, 2015.

On March 2016, the Defendant received a demand for the settlement from the obligees, and had been employed as the intermediary assistant of the “C” located in Gangseo-gu Seoul Metropolitan Government as a broker of the “C” in B, etc., and had received money by means of falsity as if he were used for his work, and had the Defendant thought to use it

1. Fraud against victim D;

A. A. Around March 29, 2016, the criminal defendant stated that “Around March 29, 2016, the victim D who intends to purchase real estate located in Gangseo-gu Office E shall pay the provisional contract amount to purchase the real estate in Gangseo-gu Office,” “Around March 29, 2016, the criminal defendant would deliver the real estate to the head of the office as the provisional contract amount, first, by paying the KRW 15 million.”

However, in fact, the Defendant was planned to use the above KRW 15 million for performing his/her obligation, and thus, even if having received such money, there was no intention or ability to deliver it to the owner of the house as a provisional contract.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 15 million from the Financial Cooperative Account (Account Number: G) in the name of the Defendant on the same day as the provisional contract deposit from the victim.

B. On May 17, 2016, the Defendant, at the above office around May 17, 2016, concluded that “The Defendant would deliver the victim with the above method to the head of the office, a transfer of KRW 5 million in advance,” and that the Defendant received from the victim to the said account as an intermediate payment on the same day.”

2. On April 25, 2016, the criminal defendant against the victim H stated, at the above office, that “the balance of KRW 10 million remains insufficient when selling and selling the house. If the defendant borrowed KRW 10 million at the future house, he/she would thereafter receive the deposit and pay it.”

However, the defendant purchased and sold the house.