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

The defendant pays 100 million won to the applicant for compensation by fraud.

3.2

Punishment of the crime

On February 3, 2009, the Defendant made a false statement to the effect that “B” victims D have all the equity interest in the Fwa Holdings located in Seo-gu, Daegu-gu, with the necessity for the operation of the Holdings, if the Defendant borrowed KRW 100 million, he/she shall repay all the equity interest up to January 31, 201, and shall offer all the sets within the Holdings as security, and, in addition, he/she shall introduce 150 weddings to the victim’s photograph and tubes.”

However, since the defendant transferred all of the above shares to G at the time, he did not have any intent or ability to repay the above shares even if he borrowed the above shares from the victim.

Nevertheless, the Defendant, as above, by deceiving the victim, received KRW 100 million from February 3, 2009 to February 17, 2009 from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. Some statements (including D or G statements) concerning the accused in the police and the suspect examination protocol by the prosecution;

1. Statement of each police statement related to D and G;

1. Application of Acts and subordinate statutes to a loan certificate (10 pages), a certificate of commitment (11 pages), a notarial deed (15 pages), each transfer contract (45, 46 pages), a sales contract for equities (87 pages), a receipt (89 pages), a cash custody certificate (283 pages)

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Determination on the Defendant’s assertion under Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Provisional Execution Sentences

1. 100 million won received from the victim alleged by the defendant is not the business guarantee money, not the borrowed money, and since the defendant held the shares of H at the time of receiving KRW 100 million and provided all of the house fixtures as security, it shall not be deemed that the victim deceivings the victim, thereby deceiving the victim.

2. The following circumstances acknowledged by each of the aforementioned evidence are examined, i.e., the victim at the investigative agency and this Court.