A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

【Criminal Power】 On February 15, 2012, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the Seoul Central District Court, and the judgment became final and conclusive on February 23, 2012.

【Criminal Facts】

1. Around March 2008, the Defendant: (a) stated that “around March 2008, the Defendant shall take up a sobrying bank in a good place” to the victims C, known to him at the Plenipotentiary Society of the Marine Corps; (b) however, the Defendant did not intend to take up a sobrying bank; and (c) did not have any particular property or income, and there was no intention or ability to repay the said money, even if the Defendant borrowed money.

Nevertheless, the Defendant, by deceiving the victim as above, was delivered KRW 40 million to the victim through D on March 8, 2008.

2. Around July 2008, the Defendant stated that “a soup is engaged in the soup and the price-saving is needed, but there was no fact that the soup and soup work was conducted, and there was no intention or ability to repay the money as no particular property or income even if the Defendant borrowed money.”

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 40 million from the victim through D July 7, 2008.

Accordingly, the Defendant acquired a total of KRW 80 million from the victim on two occasions.

Summary of Evidence

1. Each legal statement of witness C and D;

1. Examination protocol of the accused by prosecution;

1. Previous convictions in the judgment: A criminal investigation report (Attachment to the judgment) consistently states that “D has received money from a victim” from an investigative agency to the court; the Defendant also stated at an investigative agency that “D received a check equivalent to KRW 60 million and a provisional coefficient equivalent to KRW 20 million,” and that “D or its denial did not pay money from a victim” or that “D or its denial did not pay household checks.”