A defendant shall be punished by imprisonment for two years.

Punishment of the crime

On November 15, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for habitually aiding and abetting fraud at the Seoul Central District Court on November 15, 2013, and the enforcement of the sentence was terminated at the Seoul Detention Center on March 4, 2014.

On August 8, 2014, the Defendant provided KRW 100 million to police officers B, and the Defendant provided false statement to the effect that KRW 100 million can be paid once a week, and the Defendant requested the victim C, who is a part of the Defendant’s horses, to pay KRW 100 million to the victim C, who is a part of the Defendant’s horses, for the same purpose. The Defendant borrowed KRW 100 million from the victim of around April through May of the same month.

However, even if the defendant prepared KRW 100 million, he did not plan to invest in the money to use it for the operation of the gas station, and he did not have the ability to pay KRW 100 million after one week because there was no particular property.

On September 7, 2015, the Defendant had the victim go through the phone call from the E bank located in Seocho-gu Seoul Metropolitan Government, and transferred KRW 100 million to the account in the name of the Defendant from the victim who was at the end of the Defendant.

(2) The defendant asserts that he only assisted B to make an equity investment in his name with an account under the defendant's name during the locking period prior to the gas station business, and that B did not deceiving the victim.

However, on the record of telephone conversations between the defendant and the victim, the contents related to the defendant's above assertion do not appear at all. Rather, the above record did the defendant obtain the defendant's promise to substitute the victim with doping and return the victim's speech, and it appears that the defendant disposed of the shares purchased as KRW 100 million around October 2015, and received profits of KRW 183,893,406, and did not pay or notify it to B, while the defendant secured a gas station, and disposed of the shares acquired as KRW 183,893,406.

One of the arguments is that there was no gas station that the defendant secured against B, and that there was no gas station.