[criminal records] On January 21, 2016, the Defendant was sentenced to imprisonment with prison labor and six months at the Seoul Southern District Court for fraud, and the above judgment became final and conclusive on January 29, 2016.

[Criminal facts] The Defendant, in the middle of April 2013, around the new construction site of the Yeongdeungpo-gu Seoul Metropolitan Government Btel, held the right of retention due to a public sale as a contractor, on the part of the victim C (50 years old) of “D Co., Ltd., and the representative director of Btel was doing construction, and the construction cost was not paid from the contractor.

Since the service is mobilized to occupy the site, it was possible to move to the above officetel without any doubt, so that it would bring 30 million won into the site.

However, the defendant was not the representative director of D Co., Ltd., and the head of Btel had no intention or ability to move into the officetel even if he received money from the injured party due to the circumstance of possession dispute between the parties related to the contractor and subcontractor at the time of the above officetel.

In this year, the Defendant received from the injured party a transfer of KRW 22 million under the pretext of a deposit in around May 7, 2013, as well as a transfer of KRW 22 million from the injured party.

7. From around 20.20, a total amount of KRW 27.8 million was remitted to five times, such as the statement in the annexed list of crimes, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Certificates of cash custody;

1. A written statement verifying occupancy;

1. Details of accounts transactions at the Bank of Korea;

1. Previous records: The results of inquiry and the application of Acts and subordinate statutes to investigation reports (Attachment to the same type of judgment);

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

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes; however, the reason for sentencing Article 39(1) has the record of having been punished more than five times, including having been punished five times for the same crime of fraud before the crime of this case.