A defendant shall be punished by imprisonment for one year.

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

(e).

Punishment of the crime

【Fraud against Victim C】

1. On July 27, 2015, the Defendant: (a) at the “E” store located in Dongdaemun-gu Seoul Metropolitan Government Dongdaemun-gu Seoul, the Victim C, “The Victim C has any dumped goods to Namyang-si, which would result in a large amount of profit if purchased the Internet; (b) the purchase of the dumped goods requires KRW 40 million in order to purchase the dumped goods; and (c) the Defendant would have repaid the amount without compensation six months after lending the money.

“.....”

However, in fact, the Defendant did not have a plan to purchase dumping goods directly. The said “E” store operated by the Defendant was accumulated due to the business depression, and the Defendant was unable to pay rent. Rather, the Defendant did not own property and rather did not have an intent or ability to pay for the same even if he/she borrowed money from the damaged party due to the absence of property owned by the Defendant and the amount of bad debt, such as bonds, exceeds KRW 50 million.

The Defendant, as such, by deceiving the victim, received KRW 40 million from the victim under the pretext of borrowing money.

2. On August 21, 2015, the Defendant: (a) purchased the victim’s “E” store with the Defendant lent KRW 20 million to the Defendant and sold it with the Defendant’s fluort fluor, and (b) sold to the Defendant at the same time within seven days, and (c) repaid the money borrowed from the Defendant’s store.

“.......”

However, in fact, the defendant did not have a plan to purchase the Materna, and the above store operated by the defendant was accumulated due to the business depression and was unable to pay rent. The defendant did not own the property and rather did not have an intent or ability to pay it even if he borrowed money from the damaged person due to the fact that he did not have the property owned by the defendant and the amount of malicious debt such as bonds exceeds KRW 50 million.

The Defendant, as such, by deceiving the victim, received KRW 20 million from the victim under the pretext of borrowing money.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to the complaint;

1. The relevant legal provisions and choice of punishment concerning facts constituting the crime;