A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 18, 2012, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Seoul Northern District Court and two years of suspended execution, and the judgment became final and conclusive on October 26, 2012.

On April 10, 201, the Defendant: (a) called the victim E who wants to operate a sports marina site in D, which is located in C at the time of the sports entertainment; and (b) called the Defendant’s call to the effect that “on payment of KRW 20 million, he would allow him to operate a sports marina site; and (c) will be exempted from a down payment of KRW 2 million to the former lessee.”

After that, on April 16, 2011, the Defendant entered into a lease contract with the victim for a period from April 16, 2011 to 12 months from the date of the lease contract.

However, the fact is not that of the defendant, 306, the place where the above marina area is located, but that of the co-owners who won the above heading room around September 2, 2009, requested to request the hospital to operate the hospital, and there was no intention or ability to lease the facility for the victim to conduct the business normally during the term of the lease, or to return the deposit without a problem.

On April 10, 201, Defendant deceiving the victim as above and caused the victim to transfer KRW 2 million to the F’s account designated by the Defendant, and acquired KRW 20 million in total from the victim on April 16, 201, such as receiving KRW 18 million as a deposit from the victim on April 16, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. A H statement;

1. Certificates of deposit transaction records, real estate lease contracts, and receipts of the details of credit transaction;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The Criminal Act, the suspension of execution;