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

On July 24, 2009, the Defendant was sentenced to two years and six months of imprisonment for fraud, etc. at the Seoul Western District Court on July 24, 2009, and its judgment was finalized on August 1, 2009, and on August 12, 2010, the Seoul Western District Court sentenced two years of suspended execution to six months of imprisonment for fraud, etc. at the Seoul Western District Court on August 20, 2010.

1. Fraud;

A. On March 30, 2008, the Defendant made a false statement to the “E” restaurant operated by the Defendant on the first floor of the Seocho-gu Seoul Metropolitan Government D Building, and the victim C (the 49-year-old) that “If the restaurant operation cost is too rapidly higher than 500,000 won, 10,000 won will be used and repaid. The inside of Korea has a 5 million won index, which is first held as security.”

However, as the defendant is liable for a debt of KRW 100 million or more to the number of days of time, the defendant was unable to repay to the victim, and the above five million household check was forged.

As above, the Defendant, by deceiving the victim, received KRW 2 million from the victim, and received KRW 2 million around that time, and 3 million won was remitted to the account, and acquired the total amount of KRW 5 million by fraud.

B. On July 3, 2008, the Defendant stated that “A victim C shall have a 4-5 number of days in which he/she had a house, and the said number of days has been repaid, which shall be paid KRW 100 million as a deposit for the lease of a restaurant.”

However, the actual lessee of the above restaurant operated by the defendant was F and the defendant did not have a claim of KRW 100 million to be paid by the lessor.

The defendant deceivings the victim as above and let the victim pay KRW 21,200,000 to the number of days, thereby deceiving the victim.

C. In 2008, the Defendant borrowed money to the victim that he did not have any money to install an air-conditioning in the restaurant because he did not have any money.