A defendant shall be punished by imprisonment for four years.

Of the facts charged in the instant case, the fraud of D and each of the occupational embezzlement are recognized.

Punishment of the crime

On February 14, 2013, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Central District Court, and the said judgment became final and conclusive on February 22, 2013.

The Defendant is the representative director of the F Co., Ltd. established in Jung-gu Seoul Metropolitan Government E (hereinafter referred to as “F”) for the purpose of advertising ELD electronic banner, etc. installed on the rooftop of a building.

1. Around June 9, 2011, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) made a false statement to the victim G, stating that “In order to take over an outdoor electronic sign board of H building and conduct an advertisement, it is necessary to purchase KRW 400 million and deposit KRW 50 million at the acquisition cost. When borrowing money, the Defendant purchased an electronic sign board of the advertisement in the name of the permitting authority, which would damage the name of the permitting authority in the joint name, and offer KRW 185 million and KRW 100,000,000,000,000,000 won, which is an I apartment in the name of the wife.”

However, at the time of the fact, the Defendant did not have an intention to jointly designate the right to permit an electronic sign board from the beginning with the victim, and there was no intention to give notice of the assignment of the right to claim the return of the deposit for lease on the above apartment house. On November 201, 2010, the Defendant borrowed KRW 200 million from K of the J company and borrowed money from the victim in an economic difficult situation, such as failing to repay it.

As such, the Defendant, by deceiving the victim and deceiving the victim, received KRW 200 million from the victim’s account on June 9, 201 to the Defendant’s account on June 17, 201, and KRW 250 million through the same method on June 17, 201, and acquired a total of KRW 1.28 billion from the time of receiving transfer of KRW 250 million from the victim’s account, until April 30, 2012, as shown in the attached crime list 1.

2. Forgery of an official document;

A. On January 2012, the Defendant demanded verification as to whether G and D’s name in the name of the permitting authority for the electric sign board of the fifth floor of the Jongno-gu Seoul H building on the 5th floor of Jongno-gu Seoul, and the change of the manager of the outdoor advertisements, etc. of the title is to be exercised.