A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On October 1, 2014, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Western District Court, and the said judgment became final and conclusive on February 13, 2015.

1. On November 2013, at the office of the Defendant’s operation in Mapo-gu Seoul Metropolitan Government B and 203, the Defendant made a false statement to the victim D, who requires a certificate of deposit balance to prove the real capital under the annual end-term financial statements by operating the construction company, stating that “The Defendant may obtain a certificate of deposit balance deposited in KRW 400 million from the bond company with money borrowed to the bond company. This change in the fee amount of KRW 18 million.”

However, the defendant did not have any intention or ability to obtain a certificate of deposit balance deposited in KRW 400 million.

As such, the Defendant, by deceiving the victim, received from the victim a sum of KRW 8 million from November 2, 2013 to the post office account under the name of the Defendant, KRW 8 million around November 1, 2013, KRW 8 million around December 13, 2013, KRW 2 million around December 13, 2013, and KRW 50 million around January 29, 2014, and acquired it by deception.

2. On January 2014, the Defendant: (a) had the intent to forge the certificate of deposit balance to be urged by D to deliver it; (b) had the Defendant written “(or the name of the truster) construction” in the column of the deposit holder(s) of the “certificate of deposit balance” written in the name of the bank, which was stored in the computer, at the above C office on a lower-day basis; and (c) had the Defendant printed it into a flickter.

Accordingly, for the purpose of exercising a certificate, the Defendant forged a certificate of deposit balance in the name of Korea bank, which is a private document related to a certificate of fact.

3. Around January 31, 2014, the Defendant at the above C Office sent a copy of a forged deposit balance certificate to D, who is aware of the forgery, by facsimile, as if the document were duly prepared.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. To refer to the specifications of deposits and transactions, and detailed statements of financial transactions;