A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

【Criminal Power】 On March 27, 2009, the Defendant was sentenced to two years of imprisonment with prison labor and four years of suspended execution due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court, which became final and conclusive on April 4, 2009. On March 31, 2010, the same court was sentenced to one year of imprisonment with prison labor and three years of suspended execution, and the judgment became final and conclusive on April 8, 2010.

【Criminal Facts of Crimes】 On February 12, 2007, the Defendant stated that the Defendant would receive a bank balance certificate of at least KRW 150 billion from the victim F (the age of 49) in the “Stock Company E” office where the Defendant, a representative director, and the victim F (the age of 49) required a bank balance certificate of at least KRW 150 billion for the golf course acquisition business, and that he would receive a bank balance certificate of at least KRW 150 billion from the payment of KRW 92 million as commission.”

However, the defendant did not have the intention or ability to obtain a valid bank balance certificate.

The Defendant received KRW 20 million from the victim’s new bank account in the name of the Defendant, and around February 16, 2007, deposited KRW 2 million with the agricultural bank account in the name of G, and around February 23, 2007, issued KRW 10 million cashier’s checks and KRW 30 million in total.

Accordingly, the defendant was given a total of KRW 92 million by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, H and I;

1. Investigation report (to hear J Telephone statements);

1. Proxy letter, passbook receipt certificate, cashier's check, cashier's letter of intent to make investment, copy of passbook, and deposit certificate;

1. Previous records: Criminal records, previous records of dispositions and results of confirmation, investigation reports (former records and attachment of judgment), and application of respective statutes of judgment;

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

1. The grounds for conviction and sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act are as follows: (a) a balance certificate received from the defendant is weak.