A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal record] On November 28, 2017, the Defendant was sentenced to a suspended sentence of one year of imprisonment for a crime of fraud at the Sungnam Branch of the Suwon District Court for six months, and the judgment became final and conclusive on December 6, 2017. On January 18, 2019, the Defendant appealed after having been sentenced to one year of imprisonment for a crime of fraud at the Suwon District Court for one year on April 24, 2019, and appealed two years of a suspended sentence of one year of imprisonment for a crime of fraud, but the appeal was dismissed on June 19, 2019, and the judgment of the said appellate court became final and conclusive as it is.

[Criminal Facts of crime] The Defendant, from around 201 to the end of 2016, sent false words to the producer that “B” is a person who operates an entertainment planning company, and the victim E, who was introduced through D, a prior student, in the mutual infinite coffee shop located in the Pacific East Asia-si, on May 22, 2016, through the mutual infinite D, of the “Cata Private Teaching Institutes” to grant money to the producer E. In order to contribute money to the web drama, the Defendant would be able to give money to the producer. If he/she intends to contribute money to the web drama, he/she would be able to give him/her KRW 20 million.”

However, at the time, the Defendant was liable for the debt amounting to KRW 50 million from a personal bond company, and the Defendant’s wife G was given a loan of KRW 170 million from a financial institution under the Defendant’s wife G to bear interest burden. Even if the Defendant received money from the victim due to the difficulties in the management of the company, the Defendant did not have the intent or ability to contribute the victim’s children to the web package even if he did not immediately use it in the payment of employee wages, rent, personal debt repayment, etc.

On May 23, 2016, the Defendant received KRW 20 million from the victim to the H bank account under the name of the Defendant on the part of the calendar expenses, and received KRW 35.2 million from the victim on November 23, 2016, in total, five times from the victim, as shown in the list of crimes in attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Investigation Report (Adjustment of Details of Account A) and H Bank Account;