A defendant shall be punished by imprisonment for not less than one year and six months.

An application filed by an applicant for compensation shall be dismissed.

Punishment of the crime

Some of the facts charged were corrected ex officio to the extent that it does not interfere with the defendant's right of defense.

On February 11, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Illegal Check Control Act at the Seoul Eastern District Court, and on February 19, 2014, the judgment became final and conclusive on February 19, 2014. On June 5, 2015, the Defendant was sentenced to imprisonment with prison labor for fraud and on September 14, 2015, and the judgment became final and conclusive on September 14, 2015.

On April 18, 2013, the Defendant, at the office of the E Co., Ltd. (hereinafter “E”) located in the D Building 232 in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “E”), made a false statement stating, “The Defendant requested a discount of promissory notes with a face value of KRW 34 million issued by E to the victim C, and “The Defendant would normally make settlement at the due date because the Corporation is proceeding well.”

However, in fact, E operated by the defendant was not able to pay job site personnel expenses and employees' wages properly, and there was no financial situation such as settling the previous issued bill at the discount price of the newly issued bill, so even if the bill is discounted from the victim, there was no intention or ability to pay the bill properly at the due date.

The defendant received 31,00,000 won from the victim as the price for discount of the bill, and acquired it by fraud.

In addition, the Defendant received a total of KRW 379,150,000 from the victim through the same method from April 18, 2013 to July 9, 2013, as shown in the annexed crime list, and acquired it by deceit.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G and H;

1. Statement made by C of a witness in the fifth trial record;

1. Partial statement of a witness I in the sixth protocol of the trial;

1. Although the defendant denies the discretion of the defendant in each prosecutorial protocol (including the replacement of the defendant) against the defendant, there was no risk of escape, requirement, etc. of the defendant at the time of the above protocol.