A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On November 29, 2012, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for four months at the Daejeon District Court for fraud, which became final and conclusive on December 7, 2012.

On February 22, 2011, the Defendant made a false statement to the victim B, “A plan to sell the land of the Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, which is leased and used by the party from the Yancheon-gu, Incheon Special Metropolitan City. On behalf of the party, the Defendant would deposit the purchase price of the said land in installments and make the registration of ownership transfer under the name of the party. To do so, the Defendant would have the payment to the public official in charge of the foregoing would be required to pay the street funds.”

However, there was no plan to sell the above land at the Seoan City. The Defendant planned to pay out approximately KRW 150 million to other persons at the time of receiving money from the victim, and even if receiving money from the victim, there was no intention or ability to purchase the above land in the name of the victim and to register the ownership transfer.

As such, the Defendant, by deceiving the victim, received KRW 5 million from the victim on February 22, 201, from the victim, and received a total of KRW 19.65 million from around that time to June 16, 201, as indicated in the separate crime list, as well as from around that time to around February 16, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement on B, D, E, and F;

1. A statement of account transactions;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of a copy of relevant case judgment);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code among concurrent offenders [decision of the type] is more than KRW 100 million by general fraud, and less than KRW 500 million by fraud [decision of the recommended area].