A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On January 30, 2007, the Defendant was sentenced to one year and eight months of imprisonment for fraud, etc. at the Suwon District Court on November 30, 2007, and the parole period was expired on February 16, 2008 during the execution of the sentence. On May 27, 2009, the Seoul High Court sentenced four months of imprisonment for a violation of the Attorney-at-Law Act at the Seoul High Court on July 25, 2009 and completed the execution of the sentence. On August 8, 2012, the Defendant was sentenced to one year of imprisonment for all as a fraud at the Seoul Central District Court, and the judgment became final and conclusive on June 28, 2013.

At the end of August 2010, the Defendant told the victim B that “In order to obtain the right to operate the third LNG production base construction site in a third party, the Defendant paid KRW 72 million to the modern construction-related persons in China in advance in order to obtain the right to operate the third party's LNG production base construction site. The Defendant would be entitled to the right to operate the third party's house at the construction site at the present construction site on the face of KRW 72 million.”

However, even if the victim receives money, the defendant did not have the intention or ability to exercise the right to manage the house at the construction site.

The Defendant, by deceiving the victim as such, received from the victim the remittance of KRW 30 million on September 15, 2010, and KRW 6 million on September 16, 2010, respectively, to the national bank account (D) in the name of C.

Summary of Evidence

1. Some statements of each police suspect interrogation protocol against the accused;

1. The prosecutor's statement concerning B;

1. Investigation reports (investigation into the execution and result of a warrant of search, seizure, verification), investigation reports (in the name of the account holder to whom the amount of damage is remitted), investigation reports (in the name of the other party to the account), investigation reports (in the case of persons for reference E,F counter-investigations

1. A copy of a disbursement note (No. 3)

1. Details of transactions (bank D, Deposit Co., Ltd.) (No. 8);

1. Records before and after a judgment: Criminal records and other inquiries; each criminal investigation report (Attachment of the suspect A's previous records, etc.); investigation reports (verification of the final appeal of the case in the present trial); and application of Acts and subordinate statutes of a criminal investigation report (Attachment to the Supreme Court rulings);

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;