The Defendant was sentenced to six months of imprisonment for fraud at the Seoul Southern District Court on February 18, 2010 and completed the execution of the sentence on April 20, 201.

On April 2013, the Defendant: (a) established a used car sales company of the victim D, “E”, and entered into a contract for the purchase of a high-class motor vehicle with the KTene, and (b) accessed the victim with the knowledge that it is necessary to guarantee the payment of KRW 1 billion in advance to operate the business according to the contract; and (c) introduced a person who can prepare an insurance policy of KRW 1 billion in advance.

If a trade business within the Republic of Korea lends money as the business is well-grounded, it shall be repaid immediately.

‘Around May 16, 2013, a total of KRW 41.8 million was remitted from May 16, 2013 to June 22, 2013 as stated in the attached list of crimes.

However, in fact, the Defendant did not have the ability to prepare an insurance policy of KRW 1 billion with the victim, and there was no property at the time and only KRW 20 million with the liability. The Defendant did not have any profit of the company operated. Therefore, even if the Defendant borrowed money from the victim, there was no intent or ability to pay the borrowed money as agreed upon.

After all, the defendant deceivings the victim, thereby deceiving 41.8 million won from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by witnesses D in the fourth trial records;

1. Partial statement of the protocol concerning the examination of the accused by the prosecution (including the cross-examination);

1. Statement of D police statement;

1. A complaint;

1. A certificate of money borrowed, a statement of account transaction, a receipt and a written oath, a full certificate of registered matters, and a registration certificate of automobile management business;

1. Previous convictions in judgment: Inquiry reports, investigation reports, and application of Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act comprehensively including relevant provisions concerning the facts constituting an offense and the choice of punishment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of recommendations on the sentencing criteria [the scope of recommendations].