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

Punishment of the crime

On November 26, 2010, the Defendant was sentenced to a suspended sentence of one year to be punished by imprisonment for fraud at the District Court for the purpose of fraud, and on December 4, 2010, the judgment became final and conclusive on October 22, 2013. On October 22, 2013, the Defendant was sentenced to a suspended sentence of two years to imprisonment for a crime of fraud at the same court, and the judgment became final and conclusive on May 9, 2014.

On June 7, 2010, the Defendant paid interest of KRW 1,600,000 per month to the victim D when he/she borrowed money with an apartment loan as security at the C Authorized Brokerage Office operated by the Defendant in the apartment complex B in Yangju-si, Yangju-si.

‘False speech' was made.

However, in fact, the Defendant did not pay taxes of KRW 50,000,000 at the time and was under bad credit standing, and the Defendant was promoted at the time.

The purchase and sale contract for the land owned by the E clan was pending in disputes over the relocation of the clans, and it was difficult to earn profits from the members of the clan, and there was no other property, and there was no intention or ability to pay the interest agreed upon to the victim or to complete the payment of the principal even if he/she borrows money from the damaged party.

On June 7, 2010, the Defendant transferred KRW 29,40,000 to the F Bank Account (G) in the name of the Defendant on June 7, 2010, and KRW 80,342,892, including KRW 80,342,892, to the F Bank Account in the name of the Defendant’s wife on July 7, 2010.

Summary of Evidence

1. Partial statement of the defendant;

1. D Legal statements;

1. Legal statement of J;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. A protocol concerning the examination of suspect partially against the defendant;

1. Statement made by the police to J;

1. Statement made by the police against D;

1. A complaint filed for DNA preparation;

1. Investigation report (to hear statements by telephone from K of witnesses);

1. Results of analysis of trading specifications;

1. Copies of the minutes and passbooks of the clan;

1. A trading statement;

1. Previous convictions: A reply to inquiries, such as criminal history, a report of investigation (the confirmation of concurrent crimes after Article 37 of the Criminal Act), and a text of the judgment;