A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On February 18, 2009, the defendant was sentenced to six months in the Gwangju District Court for violating the Act on the Registration of Real Estate under Actual Titleholder's Name, and completed the execution of the sentence in the Gwangju Prison on June 6, 2009, and is acting as an agent for the sale of apartment units.

On December 2010, the Defendant stated to the effect that “The Defendant would return KRW 60 million after two months, and sell the above apartment bonds to 60%, if he/she invested KRW 30 million in the case of an apartment sales agency,” at the Guro-gu, Incheon Metropolitan City 272-5, Solomon City 272-5, Solomon City 3rd, the Defendant stated to the effect that “The Defendant would sell the bonds to 60% of the sales price.”

However, there was no intention or ability to implement the above promise due to the fact that the defendant had no guarantee that he will be responsible for the sales agency of the above apartment.

As such, the Defendant, by deceiving the victim, received each transfer of KRW 5 million on December 24, 2010, KRW 1750,000 from the victim to the D’s account designated by the Defendant, KRW 10,000 on December 27, 2010, KRW 10,000 on December 27, 2010, KRW 10,000 on the E’s account, and KRW 2,40,000 on the same day to the F’s account, and acquired KRW 30,000 on a sum of KRW 1 million on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of suspect examination of G police officers;

1. The police statement concerning B;

1. H’s self-statement;

1. Investigation report (Submission of I Data for Relevant Witnesses), investigation report (to make a statement at the H phone of a reference witness), investigation report (to submit data for sale in units of a C apartment);

1. Details of the transfer of the agricultural cooperative account, details of account transactions, loan certificates, etc., certified copy of the register, notarial deed, certificate of performance, and statement of passbook transactions;

1. Previous records: Application of criminal records and investigation reports (report on binding of criminal records A-related judgments) and statutes;

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

1. The Defendant committed the instant crime within the period of repeated crimes under Article 35 of the Criminal Act, among repeated crimes, and the amount of damage in this case is not considerable until now.