On October 19, 2017, the Defendant was sentenced to imprisonment with prison labor for 10 months and 2 years of suspended execution for a crime of violation of the Narcotics Control Act at the Seoul Central District Court on October 19, 2017. The above judgment was finalized on October 27, 2017, and was sentenced to imprisonment with prison labor for 10 months and 2 years of suspended execution for the same crime in the same court on April 19, 2018. The above judgment became final and conclusive on April 27, 2018.

The defendant and B are co-representative directors of corporation D established for the purpose of wholesale and retailing construction materials in Gwangjin-gu Seoul Special Metropolitan City.

On January 18, 2017, the Defendant entered into a license agreement with India E to import D stone from India E and distribute it in Korea.

There is a need for money to import stone.

The stone will be imported from India on the face of the payment of the money necessary for the importation.

“Along with the false statement, B made the victim F Co., Ltd. to deliver the false statement to B, and continued to make a false statement to the effect that B borrowed money from February 2017 to April 2017 to the victim via G Messen, etc. for the said purpose.

However, the defendant did not obtain the exclusive sales license from India E company at the time, and even if he received the money from the injured party, he was planned to use it for the management fund and gambling fund of H which is another company of the defendant, and there was no intention or ability to import stone and carry out business in India.

As such, the Defendant deceiving the victim, and received KRW 239,201,60 in total from the victim to the I bank account in the name of D, respectively, for the purpose of purchasing stone, KRW 5 million around February 20, 2017, KRW 85 million around February 21, 2017, KRW 44 million around March 7, 2017, and KRW 105,201,60 around April 27, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness B, J and K;

1. A detailed statement of entry and withdrawal (D) and the closure of G course;

1. A previous conviction in judgment: