A person shall be punished by imprisonment with prison labor for not less than six months, and a fine of not more than 1,00,000 won for a crime No. 2 of the judgment.

Punishment of the crime

1. [2016 Highest 4106] On July 16, 2014, the Defendant made a false statement to the victim E at the D coffee shop located near Jongno-gu Seoul Metropolitan Government, stating that “The Defendant secured the right to sell officetels located in Dongdaemun-gu, but borrowed KRW 30 million in the down payment.”

However, the defendant did not have the right to sell the money, and even if he borrowed money, he did not have the intention or ability to pay the money.

The Defendant received 20 million won from the injured party for the purpose of borrowing money from the seat.

Accordingly, the defendant was given property by deceiving the victim.

2. [Attachment 2016 High Court 6762] On March 13, 2014, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution, etc. at Seoul Northern District Court (Seoul Northern District Court 2014) and the said judgment became final and conclusive on March 21, 2014.

On April 22, 2011, the Defendant: (a) at the mutual infinite coffee shop located near the Dongdaemun-gu Seoul subway Station 2, Dongdaemun-gu Seoul subway Station Park, the Defendant held the victim G with the right to vicariously sell Seoul HH Urban Residential Housing and Officetel; and (b) at the same time, the Defendant would have the right to immediately sell the house at the face of KRW 5 million out of the deposit amount of KRW 20 million.

“False speech was made to the effect that it was “.”

However, at the time, the defendant did not have any intention or ability to exercise the right to buy the money even if he received the money from the injured party due to the failure to secure the right to sell the money.

The Defendant received from the injured party the remittance of KRW 5 million from the name of the Defendant to the bank account of the name of the Defendant under the name of the deposit.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

[2016 Highest 4106]

1. Statement by the defendant in court;

1. Statement protocol with respect to E;

1. The loan certificate;

1. Investigation report (related to the right to sell in lots) (2016 order, 6762);

1. Statement by the defendant in court;

1. Statement with respect to G;

1. Details of transactions in the bank account of Korea;

1. A criminal investigation report (Submission of remittance details to a complainant);

1. Previouss before ruling: The defendant's legal statement, criminal history and other inquiries;