A person shall be punished by imprisonment with prison labor for not less than four months and by imprisonment for not more than four months with prison labor for a crime set forth in the judgment of the defendant.

(b).

Punishment of the crime

On September 15, 2010, the Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud at the Seoul Eastern District Court, which became final and conclusive on December 31, 2010.

1. On November 16, 2010, the Defendant provided that “A victim C shall repay money more than three months after he/she borrowed money from the victim’s house located in Guri-si 312 Dong 1603 and Guri-si 312 Dong 1603.”

However, the defendant did not have any intent or ability to repay the debt amounting to KRW 110 million with no property or income under the name of the defendant, even if he borrowed money from the damaged person.

The Defendant, by deceiving the victim as such, received a total of KRW 20 million from the damaged party on the spot to receive KRW 20 million as a loan, and KRW 20 million as a loan at the end of the same month on two occasions, such as receiving KRW 20 million as a loan.

2. On August 2007, the Defendant borrowed KRW 50 million from the injured party, and around November 201, the Defendant paid KRW 10 million among them. On May 4, 2011, the Defendant stated that “If the Defendant borrowed KRW 10 million to the injured party, the Defendant would pay KRW 40 million to the injured party by June 4, 201, including KRW 40 million, if the Defendant borrowed KRW 10 million from the G real estate office located in Seodaemun-gu Seoul Metropolitan Government, Seodaemun-gu.”

However, the defendant did not have any intent or ability to repay the debt, etc. to the above C with no property or income under the name of the defendant, even if he borrowed money from the injured party.

As such, the Defendant, by deceiving the victim, received from the injured party a delivery of KRW 10 million as the borrowed money in the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement protocol against C and E;

1. Certificates and notes of borrowing;

1. A process deed and a certificate of safekeeping cash;

1. Previous convictions: Inquiry about criminal history and application of the text of the judgment;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;