A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Punishment of the crime

On May 2016, the Defendant made a profit by investing in real estate at the four-day shop operated by the victim D in Gwangju Northern-gu, Gwangju, the Defendant made a profit to the victim.

After being sold in lots, apartment commercial buildings newly constructed in Suwon, Masan, Bhutan, and Yacheon, the amount of KRW 50,000 per commercial building can be raised to the profits from the sale.

B. The sales price of the commercial buildings in the main place, Osan, Bhan, and apartment buildings in the ceiling were sold in lots, and the sales price of the commercial buildings would increase the profits of two to three times the principal amount by selling it.

However, in fact, the defendant received money from the injured party for the purpose of investment in apartment commercial buildings and planned to use the defendant's debt repayment and living expenses, etc., and there was no intention or ability to make profits from the injured party.

As above, the Defendant, by deceiving the victim, received KRW 20 million from the victim to the Agricultural Cooperative Account under the name of the Defendant on May 27, 2016, and acquired it by defrauding it. From May 27, 2016 to June 5, 2017, the Defendant acquired a total of KRW 60,100,000 from the victim on six occasions, as described in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a copy of a loan certificate, a certificate of verifying transaction details, details of passbooks, and details of deposit transactions;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for the sentencing of the alternative sentence of imprisonment [the scope of the recommended sentence] The reason for the sentencing of the alternative sentence of imprisonment [the scope of the recommended sentence] General Fraud (10 million won or less) [the person who has been specially mitigated] [the sentence] imprisonment 10 months [the case where there is no investment in the commercial building at all] imprisonment / 10 months [the case where the victim acquired the amount of 60 million won, the amount actually repaid despite the agreement with the victim is 13.6 million won, and the victim's attitude identified as a result of the sentencing investigation is true in light of the victim's attitude.