A defendant shall be punished by imprisonment for seven months.

Punishment of the crime

[Criminal Power] On August 22, 2013, the Defendant was sentenced to four months of imprisonment for fraud at the Seoul Northern District Court, and the judgment became final and conclusive on October 7, 2013.

【Criminal Facts】

피고인은 2009. 4. 20.경 서울 광진구 D에 있는 E다방에서 F를 통하여 피해자 G을 소개받아 ‘소유하고 있는 땅이 많으니 임야 약 300~400평을 무상으로 증여하겠다. 세무서에 신고하려면 돈 거래는 없지만 매매 형식으로 부동산매매계약서를 작성해서 제출하여야 한다’며 매도인을 피고인으로, 매수인을 피해자로 한 부동산매매계약서를 작성하여 피해자에게 교부하는 방법으로 피해자의 환심을 샀다.

Around April 27, 2009, the Defendant again lent money to the victim via F to the Plaintiff through “AF to lend money to the bond company H because his identity is certain. If the Defendant borrowed money to H, the principal and interest will be written and repaid only for a few months. The Defendant would donate forest 500 square meters.”

However, in fact, most of the land around Gyeonggi-gun I owned by the Defendant was disposed of to another person during the period from January 2009 to February 2, 2009, and thus, it was not possible to donate the land to the victim without compensation. In addition to the financial rights obligations at the time, there was no intent or ability to repay the principal and interest within several months even if the Defendant borrowed money from the victim because the financial condition was not good enough to the extent that the Defendant would escape.

As above, the Defendant, by deceiving the victim and then deceiving the victim from the victim’s wife to the Defendant’s wife’s account, acquired the total amount of KRW 43 million on May 4, 2009, KRW 10 million on May 7, 2009, KRW 10 million on May 28, 2009, KRW 3 million on Nov. 5, 2009, and KRW 43 million on November 3, 2009.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G and part of witness F in legal statement;

1. A protocol concerning the examination of suspect by the prosecution concerning the defendant F (including the partial statement of the defendant and G statements);

1. G. G.