A defendant shall be punished by imprisonment for one year.

Punishment of the crime

around August 10, 2004, the Defendant was sentenced to imprisonment with prison labor for one year and four months at the Changwon District Court for fraud, and around October 19, 2004 at the same court for the same crime, and was released on or around May 13, 2005 during the execution of the sentence, and the parole period was limited on or around July 14, 2005. On or around June 23, 2009, the Defendant was sentenced to 8 months of imprisonment with prison labor at the Busan District Court for fraud and the said judgment became final and conclusive around October 15, 2009.

On December 2, 2007, the Defendant: (a) purchased this factory, and subsequently sold it, left about KRW 200 million within 3-4 months; (b) borrowed real estate owned by the Defendant as collateral and borrowed KRW 95 million as the down payment for the acquisition of the factory; (c) paid interest and principal to the Defendant, and paid profits to the Defendant.”

However, the Defendant purchased rice field, dry field, orchard, etc. to change the category of land for factory, completed civil construction work, and sold land to sell it, and carried out land development project to remaining profit. However, the Defendant was under the financial management of the so-called “fashing” type of money borrowed from an existing creditor who borrowed money from another person in the situation of purchasing issues with approximately KRW 400 million as at the time of borrowing money from another person. Since the money borrowed from the victim is used to repay the debt owed to Samsung Industrial Complex, the Defendant did not have the intent and ability to repay the money even if it borrowed money from the victim to another creditor.

Nevertheless, on December 12, 2007, the Defendant made a false statement to the victim, and around December 12, 2007, the victim provided his/her own real estate (215,486m2) to a lending business entity called “G” as collateral and transferred KRW 95 million to an enterprise bank account in the name of I.D.

Accordingly, the defendant belongs to the victim, and he acquired the above money from the victim.

Summary of Evidence

1. Each police officer against the defendant.