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 July 16, 2014, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Eastern District Court, and the judgment became final and conclusive on November 18, 2014.

On June 15, 2012, the Defendant made a false statement to the victim by forcing the victim, who was at the time, to deliver a payment guarantee certificate of KRW 3.7 billion from the Japanese bank, “if the Defendant bears the cost, he/she will immediately return the money.” If the payment guarantee certificate is not issued, the Defendant made a false statement to the victim by forcing the victim to deliver the statement that “I will return the money immediately if the payment guarantee certificate is not issued.”

However, the defendant did not have any intent or ability to issue a bank payment guarantee certificate even if he received money from the victim, and there was no intention or ability to pay the money in the name of expenses, if the payment guarantee certificate is not issued.

As such, the Defendant, by deceiving the victim, received KRW 15.3 million from May 11, 2012 to October 10, 2012, under the pretext of issuing payment guarantee certificates through F’s bank account (G).

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused (including F statements);

1. Statement to C by the police;

1. Each report on investigation;

1. Previous convictions: Inquiry into criminal and investigation records, confirmation of the summary of the case agreement, assistance to the case, application of Acts and subordinate statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case committed on the grounds of sentencing under Articles 32(1)1 and (2), and 26(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation, by deceiving the Defendant to issue a payment guarantee to the aggrieved party, thereby deceiving the accused to deliver a payment guarantee certificate.