A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On October 23, 2008, the Defendant was sentenced to three years in Seoul High Court to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and six months in imprisonment with prison labor in Seoul East District Court on July 10, 2009 and completed the execution of the final sentence on September 24, 201.

Around March 30, 2012, the Defendant made a false statement to the victim E at the D Brokerage Office located in Gwangjin-gu Seoul Special Metropolitan City, stating that “The Defendant shall lend money to the victim E, KRW 50,000,000,000,000,000,000 to the construction company that carries on the redevelopment project at home, but invested KRW 1,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

However, the defendant did not have invested in money in the business of the current redevelopment. At the time, the debt amounted to KRW 560 million, and even if there was no fixed income, there was no intention or ability to repay the debt from the victim.

Nevertheless, the Defendant, by deceiving the victim as such, was transferred from the victim the sum of KRW 40 million to the Agricultural Cooperative Account in the name of F, namely, in the name of the Defendant’s father, and KRW 8.5 million to the same account around April 2, 2012.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Recording book, certificate of deposit, or certificate of borrowing;

1. Previous records: Application of criminal records and investigation reports (previous records and attachment of judgment) and statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. The scope of recommendations based on the sentencing guidelines specified in Article 35 of the Criminal Act among repeated offenders: Imprisonment with prison labor for not more than one year (Fraud crime group, general fraud, type 1 (less than KRW 100 million), and mitigation area]; the details of the instant crime and the amount obtained by deception.