However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

On May 25, 2017, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Central District Court for fraud, and the judgment was finalized on November 24, 2017.

On September 30, 2016, the Defendant made a false statement to the victim B, stating, “If he/she lends 50 million won to the victim B, he/she will make an investment in this money and prepare a business fund of KRW 1 billion. He/she will definitely make up for the proceeds of his/her business.”

However, in fact, the Defendant did not know the details of the business intended to make an investment with money from the victim, and even if he borrowed money from the victim, the Defendant did not have any intent or ability to pay the principal and business funds as promised.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 50 million from the D bank account in the name of the Defendant under the name of the victim for the same day as the loan money from the victim and acquired it by fraud.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement made by witnesses B in the third protocol of the trial;

1. Money borrowed, promissory note, performance note, payment note, transfer certificate, account transaction statement, cashier's checks, inspection of cashier's checks, customer information inspection table, check copy;

1. A previous conviction in the judgment: A inquiry letter, a statement of fact before disposition and a report of result of confirmation, the accused of the judgment and the defense counsel, the accused of the judgment and the defense counsel believe C's words that the defendant would give profit of KRW 1 billion if the defendant invests in the gold purchase business, and borrowed KRW 50 million from the victim, and they did not deceiving the victim to acquire money.

In full view of the following circumstances acknowledged by the evidence duly adopted and examined by this Court, the facts constituting the crime can be fully acknowledged as stated in the judgment.

Therefore, the defendant and his defense counsel cannot be accepted.

① At the time of the instant case, the victim required one billion won of the business fund.