A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal record] On October 29, 2015, the Defendant appealed from Seoul Southern District Court to a sentence of one year and two months for fraud, but on June 9, 2016, the same court dismissed the appeal. The above judgment became final and conclusive on the 16th of the same month.

[2] The Defendant: (a) was a person operating a shopping mall Co., Ltd.; (b) the C shopping mall, a company, should pay approximately KRW 70 million to its employees for advertising expenses; and (c) the sales continued due to the failure to pay KRW 90 million at advertising expenses; and (d) the Defendant did not have any intent or ability to repay money to others even if he/she borrowed money from others due to the absence of any special property as a bad credit holder.

Nevertheless, on October 2009, the defendant operated the C-C Internet shopping mall in the Jung-gu Seoul Special Metropolitan City D Building Office for the victim E.

Although the business beginning is a project, there are many benefits if one year has passed.

In this regard, as the advertising cost is currently insufficient, 24% interest per annum shall be paid at the rate of 100 million won, and the principal shall be repaid after one year.

“A false representation was made.”

Around October 30, 2009, the defendant deceivings the victim as above and was transferred KRW 100 million to the bank account (F) of the C shopping mall Co., Ltd. under the pretext of the loan from the victim.

At the end of November 2009, the Defendant continued to make a false statement to the effect that “The advertisements are well made, who is, however, at the shopping mall office, the shopping mall should be more reliable, and more than KRW 100 million per annum, the Defendant would pay interest of 12% per annum and pay it without a mold after one year.”

Defendant 1, as seen above, was transferred KRW 100 million to the bank account (F) account of the Seoul shopping mall Co., Ltd. on or around December 4, 2009, from the injured party, on or around December 4, 2009.

As a result, the defendant acquired a total of KRW 200 million from the damaged person twice.

b)a summary of the evidence;