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

Punishment of the crime

On July 24, 2012, the Defendant was sentenced to a suspended sentence of two years and six months of imprisonment for fraud in the Jeju District Court's original branch on July 24, 2012, and the said judgment became final and conclusive on August 1, 2012, and is still under the suspended sentence.

On March 31, 2014, the Defendant borrowed the name of “Stock Company D” (representative E), which is a construction company, and said, at the victim G office located in the Gangnam-gu Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City on March 31, 2014, the Defendant said that “The Defendant would know about the amount of KRW 300 million equivalent to 10 million in the name of the business process to take out loans from the fisheries cooperation to KRW 3 billion,” and that “the Defendant would find out the amount of KRW 100 million in the face of 10 million.”

However, even if the defendant received the above money, he did not have the intent or ability to obtain a loan of 3 billion won from the Suhyup, or to construct a new telecom, and the amount received from the victim was considered to be used as costs required for acquiring D.

The Defendant received 100 million won from the victim on April 1, 2014 under the pretext of operating expenses.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police interrogation protocol of E (including the statement section ofG and H);

1. The police statement concerning G;

1. Complaints, accompanying documents and copies of standard contracts;

1. Investigation report (report on the results of execution of an account tracking search and seizure warrant);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);

1. Reasons for the sentencing of Article 347(1) of the Criminal Code of the pertinent statutory provisions on criminal facts [the scope of recommending punishment] General Fraud (at least KRW 100 million, at least KRW 500 million, and less than KRW 500 million) mitigation area (from October to February 6) [Special Mitigation] mitigation area (Article 10-2 of the Criminal Code], Defendant written an agreement with the victim around March 2015.