A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal records] On November 29, 2017, the Defendant was sentenced to six months of imprisonment and two years of suspended execution for fraud at the Seoul Northern District Court (Seoul Northern District Court). On December 7, 2017, the said judgment became final and conclusive.

[Criminal facts]

1. On September 2016, the Defendant: (a) at the mutual infinite public parking lot located in Dobong-gu Seoul, Dobong-gu, Seoul, the Defendant needs to pay money to the victim E, because the amount of money is delayed from the customer in operating his/her business.

A loan of KRW 20 million shall be repaid until September 30, 2016.

“A false statement” was made.

However, the Defendant had no intention or ability to repay money even if he/she borrowed money from the damaged party because he/she had not repaid the money again to another person under the status of 60 million won or more without any special property at the time.

Around September 8, 2016, the Defendant, by deceiving the victim and deceiving the victim, received from the victim the remittance of KRW 15 million from the Defendant’s national bank account to the Defendant’s national bank account, and KRW 700,000,000 in total, KRW 15,77 million from the same account on the following day.

2. The Defendant, at the same place as before and after September 2016, at the same time as that of the preceding paragraph, to the victim E, “The father’s head must perform an Apathy surgery, and if the father lends KRW 22 million as he/she pays hospital expenses, he/she shall receive insurance proceeds from actual expenses and complete payment until September 23, 2016.

“A false statement” was made.

However, the Defendant did not have any intention to use money from the injured party even if he borrowed money from the injured party due to the absence of the father’s immediately scheduled surgery, and the Defendant did not have any intention or ability to repay money from the injured party because he did not lend money from another person in the circumstances of debt such as the preceding paragraph.

Around September 13, 2016, the defendant deceivings the victim as above, and acquired money from the victim to the defendant's corporate bank account.