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

Punishment of the crime

In the early August 2012, the Defendant, at the office of the Crebuilding Association located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Yongsan-gu, Busan, 2012, concluded that “The Defendant would return the principal and penalty if the principal and the penalty is not concluded by the end of the year 2012, to the victim D, who is well aware of the president and the president of the Erebuilding Association, which is C in Korea, and could assist them in obtaining the right to remove the building generated in the Crebuilding site. In order to receive the right to take part in the removal of the building from the Crebuilding site.”

However, in fact, the Defendant received money from the victim and planned to use it as a living cost, and the Defendant did not have a relationship with the president or the president of the executing company or the president of the cooperative, and thus did not have an intention or ability to receive the removal work.

The Defendant, on August 16, 2012, received KRW 30 million from the victim’s wife from the Nonghyup Bank account (Account Number: G) in the name of the Defendant’s wife on August 16, 2012, and, from around that time to April 25, 2014, by deceiving the victim, as shown in the attached crime list, and by deceiving the victim on six occasions, received KRW 39 million from the victim.

Summary of Evidence

1. Application of Acts and subordinate statutes, such as the entry of the police to the defendant's legal statement D, details of transfer transactions, certificate of borrowing, certificate of payment, certificate of payment, record of credit information on account transactions;

1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the choice of punishment (Article 2-6 of the List of Offenses Act collectively, choice of imprisonment with prison labor)

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months; and

2. The fact that the sentence was committed several times with the records of punishment for the crime committed with the decision making fraud, and the active deception is made.