A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 16, 2012, the Defendant was sentenced to a suspended sentence of two years for fraud at the Seoul Northern District Court on June, 2012, and the judgment became final and conclusive on March 20, 2013.

The Defendant, around September 30, 2010, at the C office located in Gangnam-gu Seoul Metropolitan Government (Seoul) on September 30, 2010, stated that “The Defendant newly constructed the department store in Incheon, Daejeon, and Ulsan, based on the licenses of Young department store E, while G Co., Ltd., a real estate consulting company run by F, was entrusted with the management of the above department store occupants and the operation of the said department store. It changed the general management rights of the department store buildings to be opened in the future.”

However, in fact, G Co., Ltd. run by F entered into a contract on the sales and operation management of the store store with H and the department store, which is the Korean business owner of the department store in England E, but according to the contract, F did not pay the down payment amount of KRW 100 million to H by June 25, 2010, and the contract was invalidated, and the acquisition cost of the building to open the department store in Incheon reaches KRW 80 billion. Since F did not prepare the above acquisition cost, it was objectively impossible for F to take over the above department store building, and the Defendant was well aware.

In addition, even if the Defendant received the money from the victim, he was thought to be used individually by the Defendant, and even if he did not receive money from the victim due to no particular property or revenue, he did not have any intention or ability to exercise the general management right of the department store buildings through F even if he did not receive money from the victim.

On October 1, 2010, the Defendant: (a) by deceiving the victim; and (b) obtained two copies of the cashier’s check from the victim under the pretext of introduction on October 1, 2010; and (c) obtained transfer of KRW 10 million to the I Bank’s deposit account in the name of the Defendant on November 12, 2010, and acquired KRW 30 million in total.

Summary of Evidence

1. Legal statement of the witness J;

1. The suspect interrogation protocol against J (No. 22 No. 5 of the evidence list).