A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

On December 17, 2018, the Defendant was sentenced to two years of imprisonment for fraud at the Suwon District Court, and the said judgment became final and conclusive on February 22, 2019.

B is the representative director of C, a real estate sale and development company, and the defendant is the vice president of the above company.

On October 6, 2015, the Defendant conspired with B, in collusion with the victim F, made a false statement to the victim F, “I will pay the price of the goods as sold to the hotel room,” at the E store located on the fourth floor of the building D in Gyeyang-gu Incheon Gyeyang-gu, Incheon.”

However, in fact, in September 2015, the above Kimhae's sales agency contract was terminated, and 70 million won raised by the agent was already returned, and around that time, it was bad credit standing in which the agent did not pay mobile phone price and borrowed money on the condition that 2-3% interest is paid every month from investors in various sales business of prestigious items, but in fact, there was no fact that the sales business of prestigious items was in progress and no interest is paid.

As a result, the Defendant and B had by deceiving the victim, and received approximately KRW 126,300,000 from the victim about KRW 293,00,00,000.

Summary of Evidence

1. Entry of the defendant in part of the protocol of the 13th trial;

1. Legal statement of witness F;

1. The police statement concerning G;

1. An investigation report (Attachment to a contract for sales of a business newly constructed as a H hotel), an investigation report (to hear statements from a H hotel project operator I telephone recording), and an investigation report (to submit reference data, such as a confirmation letter of reference and delivery certificate);

1. A statement of a contract for supply of goods, a statement of performance (B), and a statement of delivery of goods;

1. Full certificate of the registered matters (C)

1. Previous convictions in judgment: Application of three copies of judgment rendered to A;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The defendant under Article 62 (1) of the Criminal Act and his defense counsel;