Defendant

A shall be punished by imprisonment with prison labor for a year and two months.

Defendant

B The summary of the judgment on Defendant B shall be published.

Punishment of the crime

[Criminal Justice] On October 31, 2018, Defendant A was sentenced to eight months of imprisonment for fraud in the Suwon District Court’s Ansan Branch, and the judgment became final and conclusive on December 29, 2018.

[2018 Highest 3367]

1. Fraud against the victim C;

A. On August 13, 2015, Defendant A made a false statement that, with knowledge of the fact that the victim, who purchased part of the second floor of the D Building in Ansan-si, Ansan-si, intended to resell it, Defendant A would sell or sell the D second floor instead of the D second floor shopping mall. In order to sell or sell a commercial building, advertising cost is required. The advertising cost will be returned later, regardless of whether the purchase or sale would be made or not. The payment will begin.”

However, even if Defendant A received money from the victim, it was thought that he will use it for the repayment of his personal debt, and there was no intention or ability to use it as advertising expenses for the trade of commercial buildings or to promote trade in commercial buildings.

Nevertheless, around September 25, 2015, Defendant A received 3,860,500 won from the E bank account (F) in the name of Defendant A from the victim and acquired it by fraud.

B. On October 2015, Defendant A calls the victim for money in the name of value-added tax and paid the value-added tax preferentially to the victim in order to proceed with the transaction. The already paid value-added tax can be returned later. It is false that Defendant A made a false statement that “The money will be returned to the victim instead of the internal tax.”

However, there was no person who wants to purchase the victim's commercial buildings at the time, and the defendant A was willing to receive money from the victim to use the commercial buildings for personal purposes, and as soon as the commercial buildings will be sold and sold, even if receiving money from the victim, there was no intention or ability to buy the commercial buildings.

Nevertheless, the defendant A deceivings the victim as above and belongs to it.