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

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

Punishment of the crime

On June 29, 2016, the Defendant was sentenced to a suspended sentence of two years and six months in the Seoul Central District Court for fraud, and the said judgment became final and conclusive on July 7, 2016.

Around March 20, 2015, the Defendant entered into a contract with C and Gyeyang-gu Incheon Metropolitan City, a sales agency contract with D, but only paid KRW 40 million out of KRW 200 million of the agreed sales agency deposit and did not have authority for sales agency due to the invalidity of the contract, as the remaining deposit money was not paid within the agreed period, and even if employees receive money as a deposit money from the victim E due to the aggravation of the financial situation to the extent that employees are unable to pay wages, they merely planned to use it for the operating expenses of the office, etc., and did not have the intent or ability to pay the sales agency deposit money.

Nevertheless, around June 18, 2015, the Defendant concluded a contract for the sales agency of Gyeyang-gu Incheon Metropolitan City D, and deposited KRW 100 million out of KRW 200 million with the remainder of KRW 100 million with the deposit of KRW 100 million, and the proceeds are divided into five to five. The Defendant was remitted from the victim to the deposit account in the name of the national bank bank account in the name of (ju) G around June 19, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Some statements made to H or I in each police interrogation protocol;

1. Statement made by the police for E;

1. Each investigation report (the telephone conversations of Mez-type gold certificates, a copy of passbook of the defendant, and land trust telephone of the defendant);

1. Contracts for parcelling-out agency, joint project contracts, and certificates of confirmation of transfer transactions;

1. Previous convictions: Inquiry of criminal history, reporting of the previous convictions and reporting of the results thereof, and applying the statutes of the judgment;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Act, provided that Article 39(1)1.