【The Defendant was sentenced to three years of imprisonment for fraud at the Seoul Central District Court on September 6, 2010, and was released on January 12, 2012 from the enforcement of the sentence by special amnesty on January 12, 2012.

【Criminal facts】 The Defendant did not have any fact that he was entrusted with the interior remodeling work of the first floor E shopping mall under the Seocho-gu Seoul Metropolitan Government Buildings and did not have concluded a construction contract. Thus, even if he received money from the victim F (the remaining 45 years old) as the expenses for prior business management for the above construction, the Defendant did not have the intent or ability to allow the victim to perform the E shopping mall interior work.

Nevertheless, around November 15, 2012, the Defendant secured the right to remodel the interior of the shopping mall E and the right to sell it in the office of the victim located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City.

If the cost of prior business management is lent, it is intended to allow the interior work for the entire shopping mall.

“Falsely speaking,” it received KRW 10,000,000 from the injured person as a loan deposit account on November 16, 2012, and KRW 20,000,000 under the same name as on December 17, 2012, from the post office in the name of the accused.

Summary of Evidence

1. Each legal statement of witness F, H and I;

1. Statement made by the police to J;

1. Inquiries about the agreement on joint projects for interior remodeling works, and details of transactions;

1. Previous convictions in judgment: Application of inquiry letter, such as criminal history, and investigation report (verification of the fact of release, etc.) Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The scope of recommendation [the scope of recommendation] according to the sentencing guidelines under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendation] general fraud [10 million won or less] [1 year to two years] [1 year and six months]), the defendant who has been sentenced to the punishment for the same type of repeated crime committed again during the period of repeated crime of the same kind, and the crime of this case is committed again during the period of repeated crime of the same kind, and the crime is denied regardless of obvious evidence rather than pening errors.