A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On October 17, 2016, the Defendant entered into a contract (hereinafter “the first contract”) under which the victim C met at the alcohol house located in Daegu Jung-gu around November 17, 2016, and two times to be opened in D around November 19, 2016 “E and F performance” in D, with a view to “the purchase price of KRW 110 million,00,000,000,000,000,000 from around October 18, 2016 to around November 4, 2016, the Defendant decided to modify the terms and conditions of the first contract with the victim.

On November 6, 2016, the Defendant, in the “H” located in Gwangju-gu, Seo-gu, Gwangju, extended the time of performance and reduced the number of performances. The Defendant’s performance at KRW 60,000,000 for a total of KRW 60,000,000, would not interfere with E and F.

After the expiration of the dates of part payments;

After the intermediate payment was deposited, it would be possible to see the postponement of the performance in the first place. Accordingly, the payment was made in a false manner as follows: “In addition to the amount of KRW 48 million already paid, 12 million should be added to the remainder.”

However, in fact, E was destroyed by the existing contract so that it is impossible to postpone the performance, and F was not required to pay the intermediate payment for the extension of the performance after receiving the payment of 20 million won out of the amount received through the first contract as the down payment and the intermediate payment, and even if the Defendant received the remainder from the injured party, he did not have the intent or ability to deliver the intermediate payment, etc. to the above number and to delay the performance.

Around November 9, 2016, the Defendant, by deceiving the victim as above, obtained the delivery of KRW 12 million to the I corporate bank account (J) in the name of the Defendant from the victim.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Statement made by the police with regard to C;

1. The investigation report (as regards the currency with a person in charge of foreign F accounting), the investigation report (as to the currency with a person in charge of foreign F accounting), and the investigation report (as to the currency with a person in charge of foreign currency).