A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On December 15, 2011, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Daejeon District Court, and the parole period was expired on October 26, 2012 during the execution of the sentence, and on December 25, 2012, the period of parole was expired. On April 27, 2016, the Daejeon District Court sentenced two years of imprisonment for fraud at the Daejeon District Court, and the judgment became final and conclusive on May 5, 2016. On June 16, 2016, the same court was sentenced to seven months of imprisonment for fraud and became final and conclusive on June 24, 2016. On September 20, 2017, the same court was sentenced to one year of imprisonment for violating the Act on the Regulation of Fraud and the Regulation of Unauthorized Collection of Stocks and became final and conclusive on September 28, 2017.

On May 26, 2014, the Defendant, via D, at the office C, a corporation located in Seo-gu, Daejeon, Seo-gu, Daejeon, concluded that “If the F land in Geumsan-gun is developed as a site for a house of all sources, and the land 200 square meters per square meter is purchased at KRW 40 million per square meter, the land being developed as a garden shall be 300 square meters free of charge.” The Defendant, upon obtaining permission for the tourist farm in this land, concluded that “The Defendant would create a housing site within two months so that it can be registered for transfer and construction of housing and gardening.”

However, in fact, the defendant did not prepare plans or funds for the creation of the tourist farm on the above land, and the defendant was not a representative director, and there was no other method to prepare capital, so there was no intention or ability to transfer the registration by developing the housing site to the victim or to carry out construction works for the creation of the housing site.

As such, the Defendant, by deceiving the victim, received the total amount of KRW 20 million from the victim to the account under the name of the said company as the purchase price of the said land, and received KRW 40 million from the victim, in total, KRW 20 million on June 10, 2014, and KRW 18 million on August 1, 2014, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding D;

1. Each police statement of E;

1. E;