A defendant shall be punished by imprisonment for two years.

Punishment of the crime

On October 29, 2004, the Defendant was sentenced to one year of imprisonment with prison labor at Seoul High Court for the crime of giving property in breach of trust, etc. on December 5, 2004. On August 16, 201, the Seoul Southern District Court sentenced two years of suspended execution of eight months of imprisonment with prison labor at the Seoul Southern District Court for fraud, and the said judgment became final and conclusive on August 24, 201.

1. On June 9, 2005, the Defendant told the victim B at the law firm Jung-dong, Seocho-gu, Seocho-gu, Seoul, that “A corporation, which is in operation in the city, is entrusted with the implementation of apartment houses to the housing association association in the Guri-si area. If the funds of the above implementation agency are needed, but if the above implementation agency loans KRW 120 million, the Defendant would return KRW 192 million, including interest, until November 8, 2005.”

However, at the time, C was unable to enter into an enforcement agency contract with the above union and the distribution of profits. The Defendant also did not have any property such as default of taxes of about 9 billion won and 400 million won or more, and thus, the Defendant did not have any intent or ability to complete the payment even if he borrowed the above money from the victim.

The Defendant, as such, by deceiving the victim, was given KRW 120 million from the victim, who was in his seat.

2. On December 30, 2005, the Defendant told the victim B at the coffee shop located in Seocho-gu Seoul, Seocho-gu, Seoul, that “If business expenses are leased to the victim B by March 31, 2006, the Defendant would repay the business expenses up to 30 million won.”

However, in fact, the Defendant did not have any property like the above paragraph (a), so even if he borrowed the above money from the victim, the Defendant did not have any intent or ability to repay it.

The Defendant, as such, by deceiving the victim, received KRW 30 million from the victim’s account in the name of D on the same day.

3. The defendant on May 26, 2006 to the victim B at the coffee shop located in Seocho-gu Seoul, Seocho-gu, Seoul.