A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On March 17, 2010, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for fraud at the Gwangju District Court on March 17, 2010 and the said judgment became final and conclusive on March 25, 2010.

The Defendant has operated “E-Condo” in Jeonnam-gun D.

On May 28, 2007, the Defendant stated that “E-do, operated by the Defendant,” “E-do,” from the mutual infinites located in the Jeonnam-gun, Chungcheongnam-do, Chungcheongnam-do, Seoul-do, borrowed KRW 200,00,000 as the funds are insufficient to obtain a successful bid again. In the event of a successful bid, the Defendant may receive a loan, and even if not, receive the loan, and make a full payment with the operating profit until August 31, 2007.”

However, in fact, while the Defendant did not have any particular property, the Defendant was under circumstances to pay more than KRW 80,000,000,000 including bonds, every month only during the period of 5,000,000,000 including bonds, and the operation of “E-Do” was not proper, and the amount of wages of employees was under circumstances such as 70,000,000,000, and thus, even if the Defendant was in arrears with money from the victim, it was not possible to repay it within the agreed period.

Nevertheless, on May 28, 2007, the Defendant, by deceiving the victim, obtained two copies of the cashier’s checks of KRW 100,000,000 at par from the victim at the time of mutual infinites located in the Chungcheongnam-do, Namnam-gun, Namnam-do.

Summary of Evidence

1. Witness F and each legal statement in G;

1. Statement of suspect interrogation of the accused by the prosecution ( November 26, 2013);

1. Statement of suspect interrogation of the accused by the prosecution ( December 2, 2009);

1. Part F or G of the police protocol of the suspect examination of the accused (two times and replacement);

1. Investigation reports (Submission of monthly balance sheets related to container revenues), respective monthly balance sheets, borrowed money certificates, and cashier's checks;

1. Previous convictions in judgment: Application of investigation reports (adjudications of the same kind of fraud crime to A and reports on confirmation of the fixed date);

1. Relevant Article 347(1) of the Criminal Act concerning the facts constituting an offense, and choice of imprisonment.