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

Punishment of the crime

【Criminal Records of Crimes】 On October 20, 2016, the Defendant was sentenced to six months of imprisonment for fraud, two years of suspended sentence, and the appeal was dismissed by the Supreme Court on March 13, 2017, and the above judgment became final and conclusive.

【Criminal facts” In the office of E Co., Ltd., a company for the development and sale of real estate operated by the Defendant in Ma on July 22, 2009, the Defendant tried to create an electric housing complex where “5,644mm2 is developed in Osan-si G forest and is divided into nine parcels, and a housing site is constructed in nine lots. The Defendant may pay profits if he sells a housing site by developing it.

If 250,000,000 won is invested at development cost, it shall be developed and paid 350,000,000 won by adding the proceeds of sale to the principal until November 22, 2009, which is later than 4 months.

“A false representation was made.”

However, in fact, it was unclear whether to develop the above forest land or not, and there was no property or income from the defendant, and even if the defendant received KRW 250,000,000 from the injured party, he did not have the intention or ability to pay KRW 350,00,000 after four months.

Nevertheless, the defendant deceivings the victim as above and acquired 247,921,490 won from the victim to the Agricultural Cooperative Account under the name of the defendant on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with respect to F and H;

1. Detailed statement of deposit transactions, summary statement, written confirmation of land use plan, and written order for all matters to be registered in C forest land;

1. A report on investigation (to attach details of account transactions);

1. Previous records of judgment: Application of investigation reports (limited to the previous records of fraud and the second instance judgment), investigation reports (limited to investigation records of the case at the same time and attachment of the third instance judgment), and statutes;

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 Act regarding concurrent crimes provided that the defendant, on the grounds of sentencing of Article 39(1) of the Criminal Act, pays KRW 200 million to the victim after the institution of the instant indictment, and the victim is the defendant.