[Criminal Power] On May 21, 2007, the Defendant was sentenced to five years of imprisonment for robbery, injury, etc. at the Seoul Western District Court, and completed the execution of the sentence on January 16, 2012.

【Criminal Facts】

On February 9, 2014, the Defendant stated that, within the D coffee shop located in Seocho-gu Seoul Metropolitan Government, “The Defendant may obtain a real estate appraisal and obtain an additional loan from a bank other than the bank currently receiving the present loan. To receive a real estate appraisal, it is necessary to use a fee of KRW 30 million, but it is necessary to obtain an additional loan at an additional rate of KRW 26 million, particularly as it is well known to the branch office of the Korea Investment Bank and the head of the Korea Investment Bank.”

However, the defendant did not know the head of the branch office of the Korea Investment Bank and did not have any intention or ability to use the above money as a real estate appraisal fee even if he received the above money from the victim for personal debt repayment and living expenses.

As above, the Defendant: (a) by deceiving the victim as above; (b) received cash KRW 2 million in the name of the down payment from the victim; (c) received KRW 20 million from the new bank account (Account NumberF) in the name of the Defendant on February 12, 2014; and (d) received KRW 26 million in total from the same account on the 13th day of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on investigation (Submission of details of passbook transactions, etc.);

1. Previous records: Application of Acts and subordinate statutes concerning criminal records, and current status of personal identification and confinement;

1. The fact that the Defendant committed the instant crime during the period of repeated crime for the reason of sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the choice of criminal punishment for the crime, the fact that the injury has not been completely recovered, the fact that the Defendant had the same record, the confession of and reflects on the instant crime, and other various sentencing conditions as shown in the argument