A defendant shall be punished by imprisonment for two years.

Punishment of the crime

On November 20, 2016, the Defendant called the victim B by phoneing it to the victim B, “A apartment house is scheduled to be sold in Yongsan-si, the Defendant may sell it to the victim B by receiving a down payment and then selling it.”

However, at the time of fact, there was no apartment at the time of the purchase, and the defendant thought that he would use the apartment for personal purposes, such as living expenses, not the down payment for the purchase of the apartment. Therefore, even if he received money from the victim, he did not have the intention or ability to allow the victim to purchase the apartment.

Nevertheless, as above, the Defendant, by deceiving the victim, obtained 2 million won from the corporate bank account in the name of the Defendant on the same day from the victim, and acquired 2 million won from the victim, and acquired 495,510,554 won in total from the victim over 170 times from October 13, 2016 to October 22, 2018, as shown in the attached crime list.

Summary of Evidence

1. Application of Acts and subordinate statutes on statement statement B by the police account statement with respect to the defendant's legal statement, e-mail, text message, commitment letter, real estate contract, and detailed statement by account;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Where a person commits repeatedly during a considerable period of time, the scope of recommendations [the scope of recommendations] on the sentencing criteria for general fraud [the scope of recommendations] and the area of aggravation (two years and six months to six years), which is the area of aggravation (the amount of more than 100 million won, and less than 500 million won) of various types of fraud;

2. The fact that the defendant was punished for fraud, the fact that the amount acquired by the defendant by deceiving the victim is considerably larger than 4950 million won, the defendant committed repeatedly over a considerable period of time, on the other hand, the victim paid to the defendant a sum of KRW 120 million on March 22, 2019, KRW 50 million on June 9, 2020, and KRW 120 million on June 9, 2020, and the victim paid a total of KRW 120 million.