A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On July 24, 2007, the Defendant was sentenced to two years of imprisonment with prison labor for fraud, etc. at the Seoul Central District Court on October 10, 2007, which became final and conclusive on October 11, 2007. On November 11, 2008, the Seoul Central District Court sentenced ten months of imprisonment with prison labor for fraud, etc. and one year and six months of imprisonment with prison labor at the Seoul Central District Court on December 31, 2008, which became final and conclusive on December 31, 2008. On August 11, 201, the Defendant was sentenced to two years of suspension of the execution of ten months of imprisonment with prison labor at the Seoul Central District Court on October 19, 2011.

【Criminal Facts】

Around November 8, 2007, the Defendant stated that “E Office” of a lending company operated by the victim D in Gangnam-gu Seoul Metropolitan Government, “E Office”, the Defendant would provide the victim with a monthly interest on KRW 26 million if he/she loans KRW 26 million, he/she would pay the 3-month interest and pay it immediately after three months. The Defendant would provide the Seoul FF building G 101, Seoul, which he/she lives within the Republic of Korea as security.”

However, at the time of fact, the Defendant had no intention or ability to pay the above money even if it was delivered by the victim, because the Defendant continued to pay the above money by a tentatively named “defensive” without good cause, such as the Defendant’s obligation of KRW 200 million or more, etc.

As such, the Defendant: (a) by deceiving the victim; (b) transferred KRW 20 million from the victim to the account (G) in the name of the Defendant; and (c) received KRW 26 million from the said place to the account in cash and check; and (b) acquired it by defrauded.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previous convictions: Application of the defendant's legal statement, written judgment (Seoul Central District Court 2007No3080), written judgment (Seoul Central District Court 2007No2350), written judgment (Seoul Central District Court 2007No7088), written judgment (Seoul Central District Court 2008No3977), written judgment (Seoul Central District Court 2008No397), written judgment (Seoul Central District Court 201No2089), each disposition and confirmation report Acts and subordinate statutes; and

1. Criminal facts;