A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On October 27, 2017, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Western District Court, and the judgment became final and conclusive on February 23, 2018.

On May 2016, the Defendant made a false statement to the victim B of pro-Japanese job offering stating that “The Republic of Korea has the right to use the land equivalent to KRW 3.7 billion at the time of rent in China. Since the sale of the current right to use the land is in sale, the purchase price may be paid immediately. If the expenses, etc. are lent, the purchase price shall be paid immediately.”

However, the defendant did not have the right to use the land equivalent to KRW 3.7 billion at the time of Chinese rent, and there was no right to receive the proceeds from the sale of the land, and even if he borrowed money from the victim because there was no special property at the time, he did not have the intent and ability to repay it normally.

Around May 20, 2016, the Defendant, by deceiving the victim, received KRW 1 million from the victim to a bank account (E) in the name of the Defendant C (E) designated by the Defendant, and received or fraudulently acquired KRW 44,648,746 in total over 70 times in the same manner as indicated in the attached crime list from June 28, 2017.

Summary of Evidence

1. The recording of statements made by witnesses B in the fifth trial records;

1. The police statement concerning B;

1. Details of transactions, transfer certificate, closure of transfer confirmation, photographs, account books, Chinese checks, and the statement of the use price of the F Bank in B, and the details of G dialogue;

1. Previous convictions: Determination of criminal records, investigation reports (materials of the latter concurrent crimes) and the assertion of the defendant and his defense counsel

1. Although the Defendant received money from the victim as stated in the facts charged, at the time, the Defendant believed that the money to be received from H, etc. was more than 2 billion won and that it could have been received, and the victim provided explanation that it is temporarily difficult for the victim to pay the money, and the victim lent money to the Defendant with awareness of such circumstances.