A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On June 24, 2016, the Defendant was sentenced to imprisonment with prison labor for one year and four months at the Suwon District Court for fraud, and the said judgment became final and conclusive on August 26, 2016.

Criminal facts

On April 2013, the Defendant stated that “If the consulting costs are paid, the Defendant will receive the public auction of Gwangju City D” from the victim C at an unsound place.

However, in fact, the defendant thought that he would use the money received from the victim as his office operating expenses, and there was no idea to use the above land as expenses for public sale, so even if he received the money from the victim, he did not have the intent or ability to make the victim receive the above land by public sale.

The Defendant, as such, made a false statement to the victim and received a total of KRW 45 million from the victim to the Agricultural Cooperative Account in the name of the Defendant, including KRW 20 million on April 9, 2013, KRW 20 million on July 11, 2013, and KRW 5 million on July 25, 2013.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Account transactions;

1. Previous convictions: References to criminal records, details of case progress, and application of statutes governing defendant's statutory statements;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The following circumstances are considered in light of the following: (a) the first sentence of Articles 37 and 39(1) of the Criminal Code dealing with concurrent crimes; (b) the Defendant has a criminal record of the same sentence for the reason of sentencing; (c) the Defendant has not fully repaid the amount of damages; and (d) the Defendant has agreed with the victim (However, the victim still submitted a petition seeking the penalty of the Defendant even after submitting the written agreement); (c) the Defendant has fully accepted and divided the instant crimes; and (d) the relationship between the crime of this case and the latter part of Article 37 of the Criminal Code with the concurrent crimes in which the judgment is rendered;