A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On March 2017, when the Defendant became aware of the fact that the victim received KRW 140 million as the husband’s death benefit, while the Defendant was providing meals with the victim B in mid-2017, the Defendant stated that “if installing solar energy on the land, the victim may be punished by KRW 200,000,000 in one month, and may recover all the amount invested after 10 years, the Defendant is able to engage in business once, including the cost of purchasing the land and the cost of installing solar energy, and the remainder of money excluding KRW 140,000,000 in 10,000,000 will be loaned.” The loan is also known to the victim.

However, in fact, the defendant thought that he received money from the victim to use it as a living cost, even if he received money from the victim, there was no intention or ability to purchase the solar project site or to install solar facilities.

As above, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the Korean Investment Securities Account (C) in the name of the Defendant on April 5, 2017 as down payment for solar project site, and received KRW 60 million in total from the victim on April 26, 2017, and received KRW 10 million on April 27, 2017, KRW 10 million on April 27, 2017, KRW 10 million on April 28, 2017, KRW 10 million on April 29, 2017, KRW 10 million on April 29, 2017, and KRW 60 million on April 30, 2017, and KRW 60 million on the aggregate.

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

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statements made by witnesses B in the second protocol of the trial;

1. Statement of examination of the accused by the prosecution;

1. Of the money stated in the facts charged, the Defendant and his defense counsel lent the 20 million won portion to a vehicle purchase fund and used it to actually purchase an automobile. Therefore, it does not constitute fraud. The remainder of the 40 million won was received as a fund for solar power generation projects, and the sales contract was concluded, but the contract was concluded, and the victim did not pay any balance thereafter.