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

Punishment of the crime

[criminal records] On January 28, 2011, the Defendant was sentenced to one year of imprisonment for fraud at the Incheon District Court, and the judgment became final and conclusive on April 6, 2011.

[2] On August 7, 2008, the Defendant, at the office of the Defendant’s Co., Ltd. in Seocho-gu Seoul Metropolitan Government on August 7, 2008, ordered the victim D to exercise the right of vicarious sale of KRW 50 million with the deposit for sale, since the Plaintiff received the house at home and will be implemented from August 31, 2008, because the 220 household construction of the Guro-gu Seoul Etel 220 household construction was suspended due to the default on payment

If the acceptance is not made, the contract amount shall be returned in full even if it is not accepted.

However, the Defendant was unable to obtain any authority in relation to the above officetel construction, and on July 2008, the Defendant was indicted for fraud due to “The Defendant, from F and G, would have the right to vicariously sell the above officetel building from F and G, and received each KRW 15 million around July 15, 2008,” and was sentenced to imprisonment with prison labor at the Incheon District Court as stated in the judgment, along with other fraudulent cases.

Since the government already entered into a contract for the sale of buildings in units with departments, there was no intention or ability to exercise the right to sell buildings in units even if they receive money from the injured party.

Nevertheless, the defendant deceivings the victim as above and received 50 million won from the damaged party as a check.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of each police suspect interrogation protocol against the defendant (including the statement of D);

1. Statement made by the police against D;

1. Receipts, checks in front of himself, copies of agreements on vicarious sales, and written judgments;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history and report criminal investigations (reports attached to relevant judgments, etc.);

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

1. The latter part of Article 37 of the Criminal Code to deal with concurrent crimes, but the reason for the fraud of the sentencing of Article 39(1) shall be stated.