[Criminal record] On October 7, 2016, the Defendant was sentenced to imprisonment with prison labor and two months for fraud at the Daegu District Court, and the said judgment became final and conclusive on December 15, 2016.

[2] On June 20, 2008, the Defendant stated to the effect that “If the Defendant invests KRW 50 million in the funeral event and the sales of charnel houses by establishing a corporation, the Defendant may be liable for the income of KRW 300,000,000 per month.”

However, in fact, the Defendant did not engage in the business of selling charnel houses at the time, but did not receive fees by opening a charnel house, and did not have sufficient ability to establish a juristic person until the time of the performance. Even if the Defendant and his family members received the investment from the victim, he did not have the intent or ability to pay every month the monthly income to the victim because he did not want to use it to repay the existing debts owed by the Defendant and his family members to the lending business.

Defendant was transferred from the victim at the end of the foregoing false statement to the Daegu Bank Account in the name of the Defendant on June 27, 2008, KRW 10 million on July 24, 2008, KRW 20 million on July 24, 2008, and KRW 50 million on August 4, 2008.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each investigation report (Nos. 3, 5, and 6 in the list of evidence);

1. A copy of the statement of account transactions in the name of the person under consideration, attached documents for accusation, and a copy of the confirmation of remittance of passbook without passbook;

1. Previous convictions in judgment: A response to inquiries, such as criminal history, each investigation report (No. 11 and 14 No. 5 of the evidence list), copies of judgments, etc., summary information inquiry of the case, and application of Acts and subordinate statutes on the personal status

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. The latter part of Article 37 of the Criminal Code to deal with concurrent crimes, but the reason for sentencing of Article 39(1) shall be the amount of fraud in this case, fraud, and judgment.