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

Punishment of the crime

On December 13, 2018, the Defendant stated to the effect that, at the office D office where the Defendant was the representative director, the Defendant would use soil and sand generated in the H construction works that come into operation in the G and reclaim and develop surrounding land. The school site is scheduled to be used as reclaimed land, and the school residents and residents or consultations are different. At the same time, the authorization and permission is allowed and the project may proceed within three weeks. On the other hand, the Defendant would first make an investment of KRW 30 million as reclaimed land design expenses.

However, in fact, the Defendant did not secure the site to be developed by reclaiming earth and sand at the time, and did not have the intent or ability to proceed with the business as agreed even if he did not receive investment from the victim, and there was no intention or ability to use the investment money as the design cost because he did not secure the site to be designed.

Around December 14, 2018, the Defendant, by deceiving the victim as above, received 30 million won from the victim to the new cooperation account (I) in the name of D Co., Ltd. and acquired it by defrauded.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement to E by the police;

1. Application of contract, provisional contract, certificate of remittance, and Acts and subordinate statutes concerning the details of passbook transactions;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The defendant asserts that the judgment of the defendant who selected a sentence of imprisonment with prison labor is merely the JJ to suggest the victim to make an investment and explain about his/her business, and the defendant does not deceiving the victim.

However, the victim is consistently entitled to permission from the investigative agency to the execution of this law by the defendant within three weeks.