A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal record] On January 6, 2014, the Defendant was sentenced to a suspended sentence of two years for a crime of fraud at the Ulsan District Court on the one-year period of imprisonment, and the judgment became final and conclusive on January 14, 2014.

[2] The Defendant, at the coffee shop in Seoul Gangnam-gu, "F" around June 1, 201, obtained a lessee who lends a contract address for 200 households unsold in the reconstruction apartment unit in Seoul, and funds necessary therefor, in the case of a loan brokerage agreement, around June 1, 201, to the victim G, so that 50 households can be purchased if the loan brokerage cost is KRW 250 million.

If the loan was not received by June 30, 201, it was false to return KRW 500 million.

However, the facts are that the defendant had escaped as a separate type of fraud without a certain occupation or income, and the defendant did not secure the source of the contract for the right to sell apartment units unsold in lots or the fund lender, unlike the victim's explanation, and there was no ability or intention to purchase apartment units even if he received the main payment from the injured party.

Nevertheless, the Defendant, as such, by deceiving the victim, received from the victim, i.e., payment of KRW 250 million from the victim, i.e., the check, and subsequently acquired the total amount of KRW 265 million by transferring the additional KRW 15 million to the account in the name of H company from July 26, 201.

Summary of Evidence

1. Each legal statement of the witness G, I, J, and K;

1. Copy of the protocol concerning the examination of suspect to the prosecution by the J;

1. Each police statement made to I and G;

1. Complaint and related documents;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. After Article 37 of the Criminal Act, determination on the issues of Article 39(1)

1. The Defendant and his defense counsel’s assertion stated in relation to the business of purchasing apartment unsold in a locking room by J and K (hereinafter “instant business”).