A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[Criminal Power] On September 28, 2016, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Seoul Central District Court on June, 2016, and the judgment became final and conclusive on October 6, 2016.

Although the prosecutor did not state the above criminal records, the defendant stated in his written opinion dated August 16, 2016 that the above case is in progress, and this court ex officio investigated by this court that the judgment of the above case became final and conclusive, and even if it is recognized without changing the indictment, it does not cause any substantial disadvantage to the defendant's exercise of his right to defense, and thus, recognizes it ex officio

【Criminal Facts】

1. On February 17, 2014, the Defendant called the victim D in Gangnam-gu Seoul, Seoul and operated the ED manufacturing plant jointly with the victim D, “In Pyeongtaek-si, F in Pyeongtaek-si. If the ED manufacturing cost is insufficient, the Defendant would pay the amount within two months and pay the monthly interest.”

However, even though the Defendant did not use the said money in the manufacture of LED and did not have any intent or ability to repay the said money within two months even if he/she borrowed money from the victim because of the lack of living expenses, the Defendant was urged by the victim as above and received KRW 4.85 million from the victim, and KRW 1 million from March 3, 2014 from the victim to the account in the name of the Defendant.

2. On March 12, 2014, the Defendant, at the I coffee shop near H Station located in Gangnam-gu Seoul, concluded that “The Defendant would pay interest of KRW 300,000 won per month to the said victim, if he/she borrowed KRW 30,000,000,000 from China, when he/she received the order of the luminous machine manufacturing process from the above E.”

However, in fact, the defendant received money from the victim and paid it as joint business operators to the J, and the defendant is used to receive wages or business promotion expenses from the J while going through the work of the J, and at the time, the defendant is in the J.