A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

[Attachment] On April 2, 2014, the Defendant was sentenced to two years of imprisonment for fraud at the Seoul Eastern District Court, and the said judgment became final and conclusive on June 27, 2014.

[Criminal’s Office] On November 3, 2009, the Defendant stated that “The Defendant would be able to supply alcoholic beverages from F Co., Ltd. to the victim’s entertainment bars through the employees of F Co., Ltd. run by the victim E” in the “D entertainment tavern” in the Defendant’s operation of Songpa-gu Seoul Metropolitan Government around November 3, 2009, the Defendant would be able to refund KRW 60 million each month in 300,000 to the victim’s entertainment tavern.”

However, the defendant has no intention or ability to pay the amount of money, even if he/she borrows money from the victim because he/she bears approximately KRW 2.6 billion of debt with personal bonds and real estate collateral obligations.

As such, the Defendant, by deceiving the victim as such, received 60 million won from the victim on the pretext of the loan, namely, the money borrowed from the victim, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses G and E respective legal statements;

1. Each prosecutor's protocol of examination of the accused and H by the prosecution;

1. Each police statement to G and E;

1. Each copy of each judgment, certificate of borrowing, certificate of performance, receipt, and each business registration certificate; and

1. Previous convictions: Criminal records and copies of each written judgment, and the defendant and defense counsel asserts that the defendant does not deceiving the victim;

The deception as a requirement for fraud refers to all affirmative and passive acts that have to observe each other in the wide sense of trust and good faith in the transactional relationship. It is sufficient to say that it does not necessarily require false indication as to the important part of a juristic act, but is the basis for judgment in order to allow an actor to perform a disposal act that he wishes by mistake. Thus, if the other party to a transaction has been notified of a certain situation, it shall not be involved in the transaction.