A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal records] On May 19, 2017, the Defendant was sentenced to imprisonment with prison labor and six months for fraud at the Seoul Eastern District Court on May 27, 2017 and the judgment became final and conclusive on May 27, 2017.

[Criminal facts] The Defendant is a person who actually operates D Co., Ltd. located in Gangnam-gu Seoul Metropolitan Government C Building 907.

On August 8, 2015, the Defendant, at the office of the above company, decided to entrust the victim E with the sale of 14,000 new city apartment units 14,000, which is implemented by the Gyeonggi-do Si Development Corporation, to the apartment units 14,000, and the F, who agreed to carry out the sale of the above apartment units together, should return the investment amount of 150,000 won to F.

On March 2016, if a person lends money necessary for the return of the said investment, he/she first sold an apartment house in the Namyang-gu, Namyang-gu, Namyang-do, with the commission for sales in April, 2016, and by the end of April, 2016, he/she said that he/she will pay the amount exceeding KRW 50 million under the name of double and high cost of principal.

However, in fact, the Defendant thought that he would use the above money as operating expenses for the corporation D or to repay the existing debts from the injured party, but did not think that he would use it for the return of investment funds to the above F, and it was selected through a public bid. At the time, the Defendant was not selected as the sales agent, and the Defendant was not thereafter selected as the sales agent. On May 29, 2014, the Defendant did not have the intent or ability to return the borrowed money to the victim as the promise because there was no special property, such as the abolition of bankruptcy and exemption from immunity.

Nevertheless, on September 8, 2015, the defendant deceivings the victim as above and acquired 150 million won from the victim to the Agricultural Cooperative Account (G) in the name of the defendant on September 8, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A complaint (including each accompanying material);

1. A report on investigation (including each accompanying material);

1. Inquiry into criminal history;