A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On July 14, 2005, the Defendant was sentenced to eight months of imprisonment with prison labor for fraud and the crime of uttering of forged securities at the Seoul Central District Court on July 14, 2005 and completed the execution of the sentence at the Seoul Detention Center on December 10, 2005.

Around July 28, 2007, the Defendant made a false statement to the victim G, stating that “The Defendant would have a 500 square letter or facility within the F New Apartment Complex in Mancheon-gu, Bupyeong-gu, Seoul, which is located in the Seocho-gu, Seocho-gu, Seoul, that the Defendant would allow the victim G to carry out the installation of the test of the above letter or facility if the introduction cost is KRW 20 million.”

However, at the time, the defendant was not at a location to introduce the victim to allow the victim to carry out the interior works of the above new apartment complex or facilities, and even if he received money from the victim for the purpose of introduction, he did not think that it would be used as the name of the victim, and was thought to be used for his personal purpose.

On July 28, 2007, the Defendant, by deceiving the victim, sent 10 million won to the new bank account (Account Number: I) in the name of H on July 28, 2007. On August 28, 2007, the Defendant had the victim deliver 10 million won in the face value to H on two occasions.

Summary of Evidence

1. Copies of each protocol of examination of the witness to G and J;

1. Some statements made to the defendant and H in each police suspect examination protocol;

1. Protocol of the police statement concerning G;

1. A detailed statement of transactions in the passbook, a copy of a borrowing certificate, a construction agreement, a lump sum sale contract, promissory notes, copies of bills, cashier's checks, and an investigation report;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (referring to search of relevant cases and reporting on the binding of court rulings) and application of Acts and subordinate statutes concerning personal identification;

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

1. It is so decided as per Disposition for the reason under Article 35 or more of the Criminal Act among repeated crimes;