Defendant shall be punished by imprisonment for a term of one year and two months.

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

The Defendant was sentenced to ten months of imprisonment by fraud, etc. at the Suwon District Court, which became final and conclusive on December 3, 2016.

Punishment of the crime

On September 2012, the Defendant made a false statement to the effect that “The Defendant would have obtained the government subsidies for the airspace above the area, will promptly receive 20 billion won government subsidies, will allow the construction of a new logistics center if it is leased the business funds, and if it is not possible, will return the borrowed funds up to two times until December 30, 2012.”

However, the defendant did not have the ability to receive government subsidies for the airspace above the area, and there was no intention or ability to pay the borrowed money up to December 30, 2012 because there was no special property in excess of the debt.

On September 20, 2012, the Defendant: (a) by deceiving the victim; (b) received KRW 200 million from the victim; (c) received KRW 30 million from the new bank account under D around December 7, 2012; (d) received KRW 20 million from the national bank account under D around the 13th day of the same month; and (e) received KRW 20 million from the national bank account under D; and (e) acquired by deception KRW 250 million in total.

Summary of Evidence

1. The defendant's legal statement (the fourth public trial date);

1. Statement made by the police with regard to C or D;

1. The terms and conditions of the loan agreement on the premise of the contract for construction works;

1. A detailed statement of past transactions;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (report on the results of confirmation of previous convictions of the disposition);

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under Article 62(1) of the suspended sentence of the Criminal Act [the scope of the recommended sentence] is the basic area (one year to four years) of Class 2 (not less than KRW 100 million, but less than KRW 500 million) (one year to four years) of the Criminal Act. The victim is punished for the defendant by agreement with the victim.