A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On February 3, 2012, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Specific Economic Crimes) at the Seoul Central District Court on February 3, 2012, and the execution of the sentence was terminated on December 25, 2012. On November 20, 2015, the Defendant was sentenced to four months imprisonment with prison labor at the Seoul Northern District Court for fraud

The defendant around February 14, 2014, at the Seocho-gu Seoul Metropolitan Government V and the 7th floor office, and the victim W through the bond company with the victim W, “The apartment site located in the original city is to be claimed by the bond company with the down payment of 2 billion won necessary to receive a public sale from the Korea Asset Corporation.”

A month-paid interest of KRW 30,000,000,000,000,000, was delivered to the bond company and made a false statement to “to deposit KRW 2 billion immediately.”

However, in fact, the Defendant did not have prepared KRW 2 billion in advance through the nominal prior owner, and even if he received KRW 30,000 from the injured party as a prior interest, he could not immediately deposit KRW 2 billion by delivering it to the previous owner, and the Defendant did not have any intent or ability to raise funds to the injured party. In addition, at the time, the Defendant did not intend to use KRW 30,000,000 received from the injured party for repayment of his personal and company obligations, since the Defendant had no intention or ability to deposit KRW 2 billion in the victim from the beginning.

Nevertheless, the defendant deceivings the victim as above and acquired 30,000 won on the same day by receiving the check and cash delivery from the victim under the pretext of a prior interest on the agreed deposit of 2 billion won from the victim.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police and prosecutor with regard to W;

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (prior convictions);

1. Article 347 of the Criminal Act applicable to the crime and the choice of punishment.