On November 21, 2008, the defendant was sentenced to imprisonment with prison labor at the Busan District Court for fraud and its judgment became final and conclusive around that time.

On May 2007, the defendant was in the office of the defendant's sports supplies store located in Busanjin-gu, Busan, and the victim C of the defendant's friendly job offers with a public auction amounting to KRW 70 million, and the disposal of the goods by winning the contract can bring about profit of KRW 140 million when disposing of the goods by winning the contract.

One half of the profit if it is lent 35 million won, the profit will be divided.

The proposal was made to the effect that "..."

However, in fact, the defendant did not have the intention or ability to leave the profit through the successful bid and disposal of the goods for public sale because there is a very high economic situation such as giving the demand for repayment due to the lending of money from other persons and not paying the repayment.

Accordingly, the defendant acquired 35 million won from the victim.

Summary of Evidence

1. Each police statement of C;

1. A complaint;

1. Application of the Acts and subordinate statutes on pent land;

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

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;