A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[Criminal Power] On August 20, 2019, the Defendant was sentenced to three years of imprisonment for fraud at the Busan District Court, and the above judgment became final and conclusive on the 28th of the same month.

【Criminal Facts】

On September 16, 2018, the Defendant: (a) at a coffee shop in Ulsan-gu B hotel in Ulsan-gu, Ulsan-gu, the Defendant had the right to operate a boom restaurant at the site of the construction site of the Busan-dong EF apartment at the Busan-dong E-gu, Busan-gu, which is to be constructed in D; and (b) would transfer the right to operate the restaurant at the site of the construction site of the apartment complex at the port. The Defendant said that the Defendant would transfer the right to operate the restaurant at the port of week. The Defendant first given KRW 20 million as the down payment, and the remainder KRW 130 million as the remainder would be the face of D-related persons when entering the restaurant later.

However, the defendant did not have the right to operate the restaurant at the construction site, and there was no intention or ability to transfer it to the victim.

Nevertheless, the Defendant deceiving the victim as such and transferred 20 million won to the bank account in the name of KEB in the name of his father G, but around 12:30 on the same day from the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of the police statement regarding C;

1. Certificates of confirmation;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (attached to indictments, etc. for relevant cases);

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

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