On September 26, 2011, the defendant was sentenced to three years of imprisonment and four years of suspended execution for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Seoul Central District Court on September 26, 201, and the judgment became final and conclusive on December 23,

The defendant is the actual operator of Corporation D, which is located in Heung-gu, Young-gu C.

On January 7, 2014, the Defendant made a false statement to the victim F of the victim’s office located in Suwon-si E building 104, stating that “When purchasing five parcels of land outside of Yongsan-si G and constructing an officetel, the Defendant borrowed KRW 20 million as it is necessary to purchase the land and KRW 20 million until March 10, 2014, if it lends KRW 600 million to the victim’s office, the Defendant would pay the purchase price to the victim until March 10, 2014, and would have the right to sell the office building newly constructed on the said land.” The Defendant drafted a sales agency contract and a loan certificate between the victim and the victim.

However, at the time, the Defendant did not receive money from H as a sales fee for urban-type residential housing, and only had a debt of approximately KRW 50,000,00,000, and there was no monthly rent deposit, and thus, the director should have to go to the company. Thus, even if the Defendant borrowed KRW 20,00,000 from the victim, the Defendant did not have the intent or ability to pay it until March 10, 2014, and even if the said officetel construction project was not prepared, there was no intention or ability to grant the right to sell the officetel as a sales agent.

As above, the Defendant, by deceiving the victim, received KRW 20 million from the victim’s wife I as a passbook in the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. F substitute part of the police interrogation protocol against the defendant

1. A contract for parcelling-out as an agent or a loan certificate;

1. Reporting on criminal investigation and application of Acts and subordinate statutes concerning criminal records;

1. Relevant legal provisions for criminal facts, Article 347(1) of the Criminal Act for the choice of punishment, grounds for sentencing of sentence [the scope of recommendation] general fraud and the basic area (6 to 100,000 won) (6 to 100,000 won).