A defendant shall be punished by imprisonment for not less than eight months.

An application for compensation by an applicant for compensation shall be dismissed.

Punishment of the crime

[Criminal Power] On October 6, 2016, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution at the Seoul Eastern District Court on August 6, 2016, and the said judgment became final and conclusive on August 17, 2017.

【Criminal Facts】

On June 4, 2008, the Defendant stated that, in the Yongsan-gu Seoul Metropolitan Government Office “E” office, the Defendant would pay interest of 0.6% per month, and the principal would be repaid until December 31, 2008, if the Defendant lent the victim B with money to be invested in stocks. The Defendant would have borrowed the money to be received in stocks. The amount of the principal would be repaid by December 31, 2008.

However, at the time of fact, the defendant did not have the intention or ability to repay the above even if he borrowed money to the victim in excess of his obligation.

Nevertheless, the Defendant, by deceiving the victim as above, received 50 million won from the victim to the account under the name of the Defendant on the same day, and acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of prosecutorial statement concerning B;

1. Written complaint (including attached notarial deeds);

1. The defendant and his defense counsel asserted on each investigation report (including attached data, such as details of transactions) and the defendant's defense counsel. The defendant and his defense counsel asserted that the defendant had no intent to obtain money from the victim at the time of receiving the money, and that the defendant invested the money received from the defendant to unlisted stocks, and that the value of the money was sufficient

According to the evidence submitted by the prosecutor, since around 2001, the victim leased commercial buildings from the defendant and operated the wholesale and retail business of electronic equipment, so it was well-known between the defendant and the defendant. Around June 12, 2008, the defendant transferred the right to lease of the commercial building to the victim about 90 million won and borrowed the right to lease the commercial building separately on December 31, 2008 by paying interest at an interest rate of 0.6%, and the defendant invested 50 million won received from the victim to purchase the shares of the unlisted company.