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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On September 11, 2015, the Defendant was sentenced to two years of imprisonment for fraud at the Seoul Southern District Court (Seoul Southern District Court), one year of imprisonment for fraud, and two years of suspended execution, respectively. The above decisions were finalized on February 22, 2016 and August 1, 2018.
【Criminal Facts】
From the end of 2013 to August 2015, the Defendant operated “C”, a seller of clothing and retail in Jongno-gu Seoul Metropolitan Government B, along with “C” as the wife D.
Around September 1, 2014, the Defendant called the victim E, who was known to the Defendant, and called the victim E, to the effect that “I would make a big profit if I would sell it at a container. I would make a profit if I would lend the purchase cost of the Korea Institute. I would make a profit.” On September 5, 2014, the Defendant drafted a promissory note note on the amount of KRW 240 million for the Defendant’s wife G, pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-pro-con).
However, at the time of fact, the Defendant was the issuer of the Promissory Notes and was not delegated by H to prepare a notarial deed for the Promissory Notes, and it was difficult for the Defendant to normally repay money from the victims due to a debt of 300 million won or more.
The Defendant, as such, by deceiving the victim, received KRW 73 million from the victim’s national bank account in G on the same day, and received KRW 28,575 million from that time to March 13, 2015 as indicated in the list of crimes in attached Table from that time.
Summary of Evidence
1. Part on E of the Defendant’s partial statement of witness E in court.