Defendant

B shall be punished by a fine of 5,000,000 won.

Defendant

B If the above fine is not paid, 50,000 won.

Punishment of the crime

Defendant

B On August 14, 2013, the Incheon District Court was sentenced to a suspended sentence of one year of imprisonment for fraud at the Incheon District Court, and the judgment was finalized on August 22, 2013.

[2012 fixed 424] Defendant B, around January 27, 2011, stated that “In the residence of the victim H located in Jongno-gu Seoul Metropolitan Government Jongno-gu, Defendant B would borrow KRW 100 million from the victim to take over the marina located in Incheon, and to subscribe to the 100 million flus book to the two flus book of the 100 million flus book of the flus book of the flus book.”

However, from July 201 to January 201, 201, the Defendant borrowed KRW 1210 million from A, but failed to repay it, and did not borrow new money, and the Defendant was also liable to subscribe to the 100 million foot book operated by the victim, even if the victim had a joint and several liability, the Defendant did not have the ability to subscribe to the 10 million foot book operated by the victim.

Nevertheless, in order to avoid demanding repayment from A, the Defendant made a false statement to the victim as above, and caused the victim to sign a loan certificate stating that “the Defendant borrowed KRW 130 million from A” at the J coffee shop located in Young-si District I around January 27, 2011, thereby having the victim obtain pecuniary benefits equivalent to the above KRW 130 million from A as a joint guarantor.

Summary of Evidence

1. Each statement made by a witness H and A in the third protocol of the trial of the case 2012 Go-Ma424;

1. Each fact-finding inquiry and response letter;

1. The loan certificate;

1. Previous convictions: Application of each statute of the judgment;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The facts charged in this case.