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

Punishment of the crime

The defendant is the representative director of the corporation B.

The Defendant, around May 17, 2017, entered into a contract with the victim E to “D” located in Songpa-gu Seoul Metropolitan Government, under which the Corporation is currently in progress by entering into a contract with the Fweing Service Corporation located in Daegu.

However, the proposal was received from the customer bank "if the customer bank invests in the purchase cost of KRW 100 million for the main product, it would have the customer bank receive the interior work equivalent to KRW 700,000,000,000, and was made a false statement to the effect that it would lend money to B."

However, on March 2017, the Defendant requested the victim to lend funds, but the victim refused the said request on the ground that the victim could not lend funds without any collateral. At the time, the Defendant did not have entered into a construction contract with the FS Holdings located in Daegu, nor was the Defendant offered a proposal to allow the Plaintiff to take over the interior works equivalent to KRW 700 million from the side of the crowdfunding. The Defendant intended to use the funds borrowed from the victim as the fund for the operation of the said company without investing the funds in the part of the crowdfunding.

As above, the Defendant: (a) by deceiving the victim as above; and (b) transferred each of the aforementioned amounts of KRW 80 million to the G bank account under the name of the Co., Ltd. (B) on May 19, 2017; and (c) KRW 20 million on May 22, 2017, from the victim to the G bank account under the name of the Co., Ltd.

Accordingly, the defendant deceivings the victim and defrauds the total of KRW 100 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. A process deed and a statement of performance of obligation;

1. Details of transactions of deposits and withdrawals;

1. Application of Acts and subordinate statutes on recording documents;

1. The relevant Article of the Criminal Act and the grounds for sentencing of Article 347(1) of the Criminal Act (Selection of Imprisonment with prison labor) with respect to the selection of the criminal facts;

1. Review of the sentencing guidelines [the scope of the recommended punishment] General Fraud 2 types (at least KRW 100 million, less than KRW 500 million) and basic area (one year to four years) / None of special sentencing factors.