A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On September 29, 2005, the Defendant was released on October 26, 2007 by the Seoul High Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the parole period was terminated on February 19, 2008. On April 15, 2010, the Seoul Western District Court sentenced one year of suspended execution to one year of imprisonment at the Seoul Western District Court for fraud, and the said judgment became final and conclusive on November 5, 2010.

【Criminal Facts】

On March 29, 2010, the Defendant, at an office where it is difficult to know the trade name located in the Gangnam-gu Seoul (Seoul), made a false statement to the victim F, stating that “A company G is seeking to take over the company G, and H, which is equivalent to KRW 3 billion, holds G’s preemptive right-holder bonds worth KRW 8.7 billion, which are equivalent to KRW 3 billion, may take over G if the payment of the preemptive right-holder bonds is KRW 500 million, and if the Defendant borrowed KRW 100 million with expenses, he/she would have repaid the amount of KRW 200 million within two months.”

However, in fact, the Defendant did not have the ability to conclude a contract to purchase the bonds with preemptive rights equivalent to KRW 3 billion owned by H, and even if it was possible to conclude a contract to acquire KRW 500,000,000, the Defendant did not have the ability to prepare the above KRW 500,00

In addition, there was no possibility of realizing the defendant's plan by using the market price marginal profit of bonds with warrants purchased in the amount of KRW 500 million as the amount of KRW 7 billion out of the total acquisition price of G acquisition company.

The Defendant, as such, by deceiving the victim, received KRW 100,00 from the victim as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by a witness F in the 8th trial records;

1. Partial statement of a witness I in the ten-time protocol of the trial;

1. I and F substitute parts of the police interrogation protocol against the accused;

1. A protocol of suspect examination of the police officer regarding I;

1. The police statement concerning F;

1. Investigation report (e-mail survey);

1. A complaint;

1. Previous convictions in judgment: Inquiry reports and investigation reports and final judgment;