A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On August 26, 2015, the Defendant was sentenced to one year of imprisonment for a crime of fraud in the early branch of the Chuncheon District Court on September 3, 2015, and the judgment became final and conclusive on September 3, 2015.

On April 5, 2013, the Defendant would sell a commercial building to the victim D in the sale office located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, with the amount of KRW 50 million and then KRW 400 million including KRW 100 million borrowed prior to the sale of the commercial building.

“A false statement” was made.

However, in fact, the Defendant did not have any income due to the fact that the sales contract had no income, and the Defendant did not have any assets owned by the Defendant, and was registered as bad credit holders since 2004 because he did not repay the card payment, and even if he borrowed money from the victim, he was expected to use it as attorney's fees, so even if he borrowed money from the victim, the Defendant did not have any intent or ability to pay it.

Around April 5, 2013, the Defendant: (a) by deceiving the victim as above; and (b) transferred KRW 5 million to the bank account in the name of the Defendant E with a new bank account in the name of the Defendant E under the name of the Defendant.

In addition, the Defendant received a total of KRW 40 million from around that time to June 24, 2013 by the same method seven times, as indicated in the list of crimes in attached Table.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. A criminal investigation report (F telephone conversations for witnesses) and a criminal investigation report (a search and seizure warrant execution report);

1. An inquiry about transaction details, a loan certificate, or a copy of a passbook;

1. Previous conviction: Application of a written reply to inquiry about criminal history (A), investigation report (latter concurrent crimes) and statutes;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act is all the facts constituting the crime of this case.