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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[Majority Relationship] On February 14, 2014, the Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud, etc. at the Gwangju District Court, which became final and conclusive on February 22, 2014.

[2] On April 16, 2012, the Defendant needs to pay 100 million won in initial capital to the victim E in the D coffee shop located in Gwangju Mine-gu, Gwangju.

If 100 million won is lent, 200 million won will be repaid from April 15, 2013 after the sale of the building.

“.....”

However, the Defendant did not have any particular progress in the construction in the state where only the down payment was paid as a result of the purchase of the above building site, and there was no intention or ability to repay the said money even if it was paid by the injured party even if it was paid the said money, since it was difficult to finance the damages of KRW 50-6 billion due to investment in China, all of the amount of KRW 50-6 billion necessary to carry out the new construction of the building through an individual investor is insufficient, but it was also impossible to attract investors.

Nevertheless, the defendant deceivings the victim as above and obtained cash 88 million won from the damaged person and acquired it by deceit.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Entry of the witness E in the third public trial records, and part of the witness G in the fourth public trial records;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A copy of complaint, a loan certificate;

1. Attachment of the judgment of conviction and copy of the judgment of conviction of Haerker in China, in which the respondent invested;

1. Notification of cancellation of construction permission;

1. His/her previous offense: Application of Acts and subordinate statutes to the statement of the accused in the copy of each written judgment (the No. 23 of the evidence list), and the one-time public trial protocol;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62(1) of the Criminal Act: