A defendant shall be punished by imprisonment for not less than three years and six months.

Punishment of the crime

[criminal power] On December 26, 2005, the Defendant was sentenced to one year of imprisonment for fraud at the Suwon District Court on December 26, 2005, and completed the execution of the sentence at the Suwon Detention House on May 6, 2006.

【Criminal Facts】

"2013 Gohap815"

1. Each Defendant against the victim C is a director of D Co., Ltd. (hereinafter “D”), a multi-level distributor, and the victim C is an employee of the said company.

On March 24, 2009, the Defendant: (a) at the D office located in Suwon-si E, Suwon-si; and (b) at the victim’s office, the Defendant called “personally prompt lending of money to the victim.”

However, the defendant did not have any special property at the time and did not have any intention or ability to pay the money normally even after he received the money from the victim.

Nevertheless, by deceiving the victim as above, the Defendant was transferred KRW 1,00,000 from the victim’s seat to the single bank account in the name of the Defendant.

In addition, the Defendant, from March 23, 2009 to May 7, 2009, received a total of KRW 44,278,000 on 11 occasions by deceiving the victim as shown in Appendix II-(1).

B. On April 10, 2009, the Defendant stated that “When the class is raised, D shall purchase the goods sold by D” to the victim at the place indicated in the preceding paragraph. The Defendant would sell and dispose of them.”

However, even if the victim purchased D's goods, the defendant had no intention or ability to sell the goods, and had led the victim to purchase the goods in order to receive sales allowances from the above company as the higher class of the victim.

Nevertheless, the Defendant, by deceiving the victim as above, had the victim purchase one hospital MT equivalent to the market price of KRW 1,496,00 from the above company at the seat, and had the victim settle the price with the victim's Samsung Card.