A defendant shall be punished by imprisonment for one year.

Punishment of the crime

【Criminal Power】 On July 26, 2012, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the District Court of Jung-gu, which became final and conclusive on October 29 of the same year.

【Criminal Facts】 On December 2010, at the office of the Defendant’s management of the third floor of the building in Dobong-gu Seoul, Dobong-gu, Seoul, the Defendant stated the place of deception as “at the F office of the Defendant’s management in Gyeonggi-si I” but this is not consistent with the substantive relationship. However, even if it is revised ex officio, it does not interfere with the guarantee of the Defendant’s right to defense, and the facts charged were modified.

In fact, the above F, which was operated by the Defendant, was liable for a debt exceeding 10 billion won, and in particular, it was issued a promissory note equivalent to KRW 20 billion with the maturity of the end of July 2010, and since from around July 2010, it was not paid a monthly salary for employees, it was false to the effect that even if the victim G entered into the above F entrusted food contract with the victim G, the victim would engage in the entrusted food business for three years from the above F, or would pay the meal expenses to the victim despite the absence of the intent or ability to pay the meal expenses.

On December 21, 2010, the Defendant, by deceiving the victim as such, received cash KRW 50 million from the victim, as a security deposit, and received KRW 200 million from the bank account in the name of H, the Defendant’s son around December 29, 2010.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Examination protocol of the accused by prosecution;

1. A contract for entrusted operation of meal services, receipts, and copies of bankbooks;

1. A copy of the judgment, a list of creditors, and a copy of a separate opinion;

1. A report on investigation (report appended to the details of debts);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;