A defendant shall be punished by imprisonment for four 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 June 22, 2011, the Defendant was sentenced to four months of imprisonment for fraud and two years of suspended execution at the Seoul Southern District Court, and the said judgment became final and conclusive on the 30th of the same month, and on February 12, 2014, one year of imprisonment and two years of suspended execution were sentenced for the same crime in the same court, etc., and the said judgment became final and conclusive on the 20th of the same month.

Around December 2009, the Defendant stated, “The Defendant, at the office of the management of the Victim C located in Yangcheon-gu Seoul Metropolitan Government, that “The Defendant would make an investment in building a four-story loan with two-story each unit of household on the 1st floor in Bupyeong-gu, Seocheon-gu, Seoul Metropolitan Government D. The Defendant would sell the loan by newly constructing it and then divide the profits.”

However, in fact, the Defendant did not have the intent or ability to newly construct Orcheon-gu D, Ocheon-gu, Seoul Special Metropolitan City E-B at the time, but did not pay the construction cost properly, and the Defendant was planned to use the E-B as the construction cost of newly built sub-loan from the victim.

The Defendant, by deceiving the victim as above, received a total of KRW 20 million from the victim around that time (i.e., KRW 10 million on the 28th day of the same month) from the victim as investment money, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement in the prosecutor’s protocol of interrogation of the accused (list 14)

1. Statement of the police against C (List 5);

1. Details of each financial transaction (list 3 and 8), the real estate register (list 9), and the delivery and payment of money (list 11);

1. Previous convictions in judgment: Criminal records (list 15), investigation reports (list 13), and the application of Acts and subordinate statutes;

1. Relevant laws concerning criminal facts, Article 347 (1) of the Criminal Act which choose a penalty, and imprisonment;

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

1. The victim’s account was partially recovered from the victim’s transfer of KRW 5 million around November 25, 2016, and KRW 5 million around the 28th day of the same month, and the remainder of damage in the future.