A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

[Criminal Justice] On November 7, 2012, the Defendant was sentenced to a suspended sentence of one year and six months for fraud at the Seoul Central District Court on November 7, 201, and the judgment became final and conclusive on February 28, 2013.

【Criminal Facts】

The Defendant, around June 7, 2009, at the G office operated by the Defendant in Gangnam-gu Seoul Metropolitan Government, stated that “The Victim H would be able to obtain a loan of KRW 900 million or KRW 1 billion from one bank within one week upon request from the lender who is well aware of the fact that he/she would be able to obtain a high appraisal of the virtual forest of KRW 50 million.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to receive appraisal of the victim's forest land.

Nevertheless, the Defendant received KRW 6 million from the victim on June 8, 2009 to the account in the name of a national bank in the name of the third party on two occasions in the name of the victim on two occasions, and received KRW 14 million under the same name on June 9, 2009, and received KRW 30 million under the same name on June 11, 2009.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

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

1. Statement of the police statement related H;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 (1) of the Criminal Act applicable to the crimes. Article 347 (1) of the Criminal Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Although the Defendant denies the facts charged, the Defendant denies the judgment of conviction and the reasons for sentencing under Article 62(1) of the Criminal Act, in full view of the following facts: (a) recognized as the above evidence, the relationship between the Defendant and the victim; (b) the process of receiving money from the victim; (c) the Defendant’s use of the money; and (d) there is no objective evidence supporting the assertion that part of the said money was put to gambling in order to prepare an appraisal report; and (b) the Defendant’s attitude after receiving the money.