A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal history] On May 31, 2016, the Defendant was sentenced to a suspended sentence of two years on June 8, 2016, for an occupational breach of trust in the Goyang Branch of the Jung-gu District Court, which became final and conclusive on June 2016.

[2] On July 10, 2007, the Defendant made a false statement that “A private house located in the Jung-gu Seoul Metropolitan Government has borrowed money rapidly to the victim D to repay interest on apartment mortgage loans.”

However, in fact, the Defendant received money from the damaged party as a result of a large number of damages caused by a stock investment and was thought to use it as a living expense. Moreover, the Defendant did not have any intent or ability to repay the money to the injured party even if she borrowed money from the damaged party.

The Defendant, as such, by deceiving the victim, received KRW 290,00 from the victim’s husband E on the same day from the victim, and received KRW 2,00,00 from around that day to November 23, 2010, total sum of KRW 170,0499,00 from the victim under the above method, as described in the list of crimes in attached Form 20 to November 23, 2010.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Legal statement of the witness D;

1. Details of passbook transactions and copies of bankbooks;

1. Previous convictions: A copy of the inquiry about criminal history and the text of the judgment [this case's previous convictions against the defendant and his defense counsel's partial acquittals by deceptions over several occasions, but if the criminal intent is single and criminal methods are the same, if the crime is committed, a single crime of fraud is established (see, e.g., Supreme Court Decision 2002Do2029, Jul. 12, 202). As seen earlier, the defendant has the intention to receive money from the damaged party for a loan or use money for living expenses under the pretext of borrowing money from the damaged party in a situation where it is economically difficult to do so.