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

【Criminal Records of Crimes】 On November 11, 2016, the Defendant was sentenced to one year of imprisonment for a crime of fraud in Gyeyang Branch of the Jung-gu District Court, and the said judgment became final and conclusive on January 21, 2017.

【Criminal facts” on October 27, 2014, the Defendant concluded a lease agreement with the victim’s “E” office operated by the victim D, in order to pay the victim the factory rent at the time. On October 27, 2014, the Defendant concluded a lease agreement with the victim as to one new factory located in F at the time of strike (a structure: concrete slab, size: approximately 265 square meters; hereinafter referred to as “second-class factory of this case”) of KRW 50,000,000, monthly rent of KRW 6,625,000, and the contract period of two years (from October 27, 2014 to October 30, 2016).

However, at the time, the Defendant was unable to pay the monthly rent of KRW 4,900,00 for a factory located in G (hereinafter “instant G factory”) with a monthly rent of KRW 5,430,000 for one existing factory in Pakistan (a steel structure, size of a general steel structure: approximately 200 square meters; hereinafter “the first factory in this case”) at the time, and the monthly rent of KRW 3,50,000 for a long-term monthly rent used in the instant G factory, and the Defendant was unable to pay KRW 30,000 for a long-term monthly rent of KRW 3,50,000,000 for a long-term monthly rent used in the instant G factory. As such, the Defendant was unable to pay KRW 30,000,000 from H, and the Defendant did not have any intent or ability to pay the rent normally

Nevertheless, the defendant deceivings the victim as above, and acquired property profits equivalent to the same amount by leasing the 2nd factory from October 27, 2014 to May 20, 2016 and using the 125,875,000 factory rent (the monthly rent of KRW 6,625,000) even if he rents the 2nd factory from the victim to May 20, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Investigation report (I Company J directors and monetary results);

1. One copy of the G lease statement at the time of strike, each past transaction statement, and one copy of the passbook transaction statement, and F1 lease statement and settlement statement;

1. To A, a person under consideration;