Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

On June 25, 2010, the Defendant was sentenced to three years of imprisonment with prison labor for special larceny at the Seoul Central District Court, which became final and conclusive on October 29, 2010.

Around July 25, 2007, the Defendant stated to the effect that, “Around July 25, 2007, the victim D, located in Gangnam-gu Seoul Metropolitan Government, has had the experience and know in attracting image assembly facilities, such as home flass, slots, Earb, etc., and CGVs, slots, and slots, etc., to the victim.” The Defendant made a false statement to the effect that “a transfer to the G head of the LABC, which actually operates as vice-chairperson, of KRW 50,000,000 and value-added tax, KRW 50,000,000,000,000, in terms of service fees, is to make a false statement to the victim.”

However, even if the Defendant received money from the victim, the Defendant did not have any intent or ability to allow large-scale discount stores and film theaters to sell them.

The Defendant, as above, by deceiving the victim, received KRW 550 million from the victim to the G head of the Si/Gun/Gu, on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, H and I;

1. Each letter of confirmation, pm service contract, remittance details, service contract, well-known copy, official copy, and official letter of intent of shop occupants;

1. An investigation report (to hear statements from the J phone for reference and report thereon);

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (report on confirmation of facts during the period of stay of a suspect);

1. Article 3 (1) 2 of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 11304, Feb. 10, 2012; Provided, That the upper limit of punishment shall be governed by the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010); Article 347 (1) of the Criminal Act

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The defendants and the defendants under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing).