A defendant shall be punished by imprisonment for three years.

Punishment of the crime

[criminal power] On June 18, 2009, the defendant was sentenced to a suspended sentence of three years to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at Seoul High Court on September 10, 2009, and the judgment became final and conclusive on September 10, 2009. On June 8, 2012, the Seoul Central District Court sentenced a suspended sentence of two years on June 16, 2012.

【Criminal Facts】

On January 24, 2007, the Defendant made a false statement to the victim E at the D Attorney-at-law office located in Seocho-gu Seoul, Seocho-gu, Seoul, that “I would transfer the right to operate the funeral hall of G Hospital if I would take over the deposit KRW 2 billion.”

However, in fact, the defendant only intended to receive money by using the son of the president of the FSC and did not have any intention or ability to transfer the funeral hall operation right even if he did not have any substantial authority to receive the deposit from the victim.

Nevertheless, the Defendant, as such, received a total of KRW 1 billion from June 4, 2007, including the fact that the Defendant made a false statement and received KRW 200 million from the victim as a check on January 24, 2007, and received a total of KRW 1 billion from that time until June 4, 2007, as shown in the attached list of crimes.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Complaints, lease contract, funeral home lease contract, receipts, pledges, various performance notes, delivery notes, respectively, letters, contents certification, certified family register certificates, certified copies of family registration certificates, copies of resident registration certificates, coal applications, investigation reports (verification as to whether repayment has been made);

1. Previous convictions in judgment: A criminal investigation report (Attachment of materials, such as written judgments of a suspect A), investigation report (verification of the facts of punishment for identical crimes A), and application of Acts and subordinate statutes concerning criminal records;

1. Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347(1) of the Criminal Act for the crime at issue.