A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On January 23, 2014, the Defendant was sentenced to a suspension of the execution of six months of imprisonment for fraud at the Seoul Northern District Court on June 23, 2014, and the said judgment became final and conclusive on May 29, 2014.

【Criminal Facts】

On February 12, 2014, the Defendant presented five copies of the passbook in the name of the Defendant (the copy of the deposit passbook in KRW 2.3 billion and the copy of the deposit passbook in KRW 4.4 billion) in the name of the Defendant (the copy of the deposit passbook in KRW 1.3 billion) in order to show that the Defendant actually has the ability to mobilize funds, at the coffee shop near the subway station located in Yongsan-gu, Yongsan-gu, Seoul, Seoul, 101, the Defendant would make a loan of KRW 3.5 billion in addition to additional KRW 20 billion after February 24, 2014. The Defendant presented the copy of the passbook in the name of the Defendant who was deposited in KRW 1.3.2 billion in total (the copy of the deposit passbook in KRW 2.3 billion and the copy of the deposit passbook in KRW 4.4 billion) in order to show that he/she has the ability to mobilize funds.

However, in fact, the above deposit claims in the name of the defendant were provided as collateral for loans equivalent to the same amount, and thus, it was not actually possible to mobilize such funds. The defendant was in a situation in which it was impossible to get a loan to the victim if he did not lend money from the loan service provider known to the defendant. Thus, even if he received money from the victim in the name of appraisal fees, there was no intention or ability to lend 5 billion won to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 250 million from the victim through the Defendant’s Agricultural Cooperative Account (Account Number: E) on the same day.

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

Summary of Evidence

1. Legal statement of witness D;

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

1. Statement of each police statement regarding D;

1. A copy of a loan agreement;

1. A copy of a deposit passbook, a certificate of deposit balance, and a written confirmation of transaction;

1. Judgment.