A defendant shall be punished by imprisonment for not more than ten 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 April 1, 2011, the Defendant made a false statement to the effect that “The amount of KRW 100 million to be paid as a down payment is urgently required to take over Co., Ltd. E (i.e., the construction of a new main complex building in Busan-gu G) from Busan-gu, Busan-gu, the Defendant would be repaid until April 25, 201,” with the victim F.

However, in fact, the Defendant was planning to prepare the above-mentioned acquisition price and the repayment fund due to an unsound loan that is impossible in a state without financial ability at the time, and thus, there was no intention or ability to repay the borrowed money to the victim.

The Defendant, by deceiving the victim as above, received each one of the cashier’s checks with a face value of KRW 50 million from the victim, 1, 30 million cashier’s checks with a face value of KRW 50,000,000 from the victim, and acquired 100,000 won in total.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to certified copies of each real estate register, copies of cashier's checks (section 7) and borrowed certificates (section 3, 9 of investigation records);

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

1. Article 62 (1) of the Criminal Act (General Conditions in favor of the reasons for the suspended sentence);

1. The punishment as ordered shall be determined in consideration of the following circumstances against the accused of two different types of punishment under Article 62-2 of the Social Service Order Criminal Act, the age, character and conduct of the accused, and the circumstances after the crime committed, which are the sentencing conditions shown in the arguments in this case:

On April 30, 2009, the defendant was sentenced to a suspended sentence of two years on August 13, 2010 to a crime of fraud (a total of 300 million won) at the Changwon District Court on April 30, 2009, when the defendant was sentenced to a suspended sentence of two years.