A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Justice] On July 20, 2011, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Seoul Western District Court on July 20, 201, and was released on March 30, 2012 in Seoul Southern Prison on parole on the execution of the sentence, and the parole period expired on June 3, 2012.

【Criminal Facts】

On December 2, 2012, the Defendant made a false statement with D office located in Jung-gu Seoul, Jung-gu, Seoul, that “The Defendant would lend money to the victim E to reduce high profits if the Defendant is going to conduct officetels-related business in a daily mountain area.”

However, in fact, the defendant did not carry out the business related to officetels and thought that he would use it for the cost of living even if he borrowed money from the victim, so that he did not have the intention or ability to pay the principal and the profit to the victim.

The Defendant, as such, by deceiving the victim, received from the victim the sum of KRW 90 million, including KRW 30 million on January 16, 2013, KRW 20 million on January 17, 2013, and KRW 20 million on January 23, 2013, and KRW 90 million on January 23, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement of the police statement of E;

1. Details of transactions;

1. Previous offense: Criminal history records, investigation reports, court rulings, etc. [the defendant and his defense counsel are consistent with the defendant's receipt of the above money from the victim, but the statement of the same opinion as the defendant's pro-con partner G was made to the victim, so the defendant has no intent to commit deception and fraud. However, according to the evidence duly adopted and investigated by this court, it can be recognized that the defendant deceivings the victim as stated in the above criminal facts and acquired the above money, and the testimony of the defendant and the defense counsel witness cannot be deemed to have no intent to commit deception and deception.] The application of statutes shall not apply to the defendant

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