A defendant shall be punished by imprisonment for not more than ten 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

On December 16, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) at the Seoul Central District Court on December 16, 2013, and the judgment became final and conclusive on May 29, 2014.

On January 1, 2013, the Defendant: (a) concluded a lease contract with the victim F on the second floor parking lot of HO of Busan-gu, Busan-gu, but did not rent to the victim; (b) concluded a lease contract with the victim on September 2013; and (c) concluded a false attitude with the victim on September 17, 2013 to the effect that “The president of the J reconstruction Association would resolve the parking lot problem if the president of the J Reconstruction Association would bring about KRW 50 million to the victim.” (d) On September 17, 2013, the Defendant sent the view that the president of the KM would only call with the victim to resolve the parking lot problem.

However, in fact K was a person irrelevant to the resolution of the above parking lot problem.

On September 17, 2013, the Defendant, by deceiving the victim, transferred KRW 10 million as a honorarium to the account in the name of the wife L on September 17, 2013. On September 24, 2013, the Defendant acquired KRW 40 million in total with the face value of KRW 2,00,000 in the face value of the check on September 24, 2013.

Summary of Evidence

1. The description of each part of the witness F, K, M, N, andO in the protocol of the second, fourth, and fifth trial;

1. Partial statement of the suspect interrogation protocol of each police officer against the defendant or K (including the part of questioning against F);

1. Each police statement made to F and N;

1. The investigation report (P company Q and telephone call) and the defense counsel alleged that the defendant had no intention to commit fraud. However, according to the above evidence, G, which had already been operating the above parking lot after the victim, was saved by P, and the defendant was notified of the termination of the entrusted operation contract of this case by the above company and the cooperative on August 5, 2013, and received KRW 50 million from the domestic victim.