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

Punishment of the crime

[criminal power] On September 12, 2007, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Daegu District Court on March 19, 2008, and the above judgment was finalized on March 19, 2008. On April 3, 2009, on April 11, 2009, the Defendant was sentenced to three months of imprisonment for fraud, etc. and eight months of imprisonment, and the above judgment became final and conclusive.

【Criminal Facts】

Around August 5, 2007, the Defendant made a false statement that “A” office of the Defendant’s operation in Yongsan-gu Seoul Metropolitan Government would give a subcontract to the victim E for part of the Fa factory removal work in Incheon Metropolitan City, if it is leased KRW 100 million, the Defendant started the construction work until August 30, 2007, and return the borrowed amount within one month if it is not so.”

However, the fact, unlike the promise that the G subcontracted the construction work to the defendant, has been postponed several times, and it was unclear whether it is possible to commence the construction work around August 30, 2007. In addition, since it was a criminal trial due to fraud, etc. at the time, there was no intention or ability to return KRW 100,000 within a month in which the construction work was not commenced.

The Defendant, as such, by deceiving the victim, received KRW 50 million from the victim who was in his/her possession as the borrowed money, and received KRW 25 million around August 7, 2007 and KRW 25 million around August 14, 2007, and received KRW 100 million.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of witness E, G and H in the second trial records;

1. Statement of H in the police interrogation protocol against the accused;

1. Statement of police statement concerning E and G;

1. A complaint, written agreement, loan certificate, detailed statement of entrance and departure transactions, and letter;

1. Three copies of a investigation report (attached to a detailed statement of account in which the amount of damage is deposited) and detailed statement of transactions;

1. Before judgment: The application of criminal records and investigation reports (Attachment of judgment) Acts and subordinate statutes;

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

1. The amount of fraud by fraud of the reasons for sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Act shall be specified.