On October 26, 2011, the Defendant was sentenced to a suspension of the execution of two years for a violation of the Punishment of Tax Evaders Act at the Incheon District Court on January 20, 201, and the said judgment became final and conclusive on January 29, 201. On December 29, 2010, the Seoul Southern District Court sentenced a suspension of the execution of one year for a crime of fraud at the Seoul Southern District Court, which became final and conclusive on August 22, 2011. On September 28, 2009, the said judgment became final and conclusive on October 6, 2009 upon being sentenced to a community service order with two years of imprisonment, suspension of execution, three years of imprisonment, and 20 hours for a crime of fraud, and on December 29, 2008, the said judgment became final and conclusive on January 6, 2009.

The defendant was a person who operated E in Nam-gu Incheon Metropolitan City D.

On August 14, 2007, the Defendant: “Around August 14, 2007, the Defendant purchased a site in the non-nick Scison City where the factory was narrow so that 200 million won would be borrowed and repaid only for three months when the factory was short of funds.”

However, from June 2007, the Defendant had a debt of about 5.8 billion won borrowed from a financial right and a debt of about 1.6 billion won borrowed from a bond company. The monthly sales of the company were merely about 150 million won per month, and there was no intention or ability to repay money within the agreed date, and there was no plan to purchase a site in the Silified District.

Nevertheless, the Defendant, by deceiving the victim as such, received 196 million won from the victim to the foreign exchange bank account of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Receipts without passbook payments or notarial deeds attached to a written complaint;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (the same record as fraud);

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Act for the treatment of concurrent crimes;