A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

[Criminal Power] On December 23, 2011, the Defendant was sentenced to a suspended sentence of two years for a crime of fraud, etc. at the Jeonju District Court, which became final and conclusive on December 31, 2011.

【Criminal Facts】

On January 2010, the Defendant decided to purchase and lease a building in Doksan, and borrowed KRW 42.7 million from the victim B, but failed to lend the purchase fund and the progress of the business was suspended.

1. Around April 8, 2010, around April 2010, the victim made a false statement to the effect that “Around April 8, 2010, the victim entered into an agreement with the previous amount of money that he/she received, provided that “Around April 8, 2010, the victim leased and directly operated D in Gwangju, resulting in frusts in purchasing the above C building, paid profits, and received additional loans by taking the gas station as security.”

However, the Defendant did not wish to operate D directly, and at the time, was in a bad credit position because it was unable to repay 160 million won of financial rights obligations at the time, but did not have any particular property or income, and even if the Defendant received money from the victim due to the lack of financial capacity to operate the said gas station, he did not have any intent or ability to repay the money with profits by operating the gas station.

The Defendant received 30 million won as a check from the victim on the same day.

2. Around June 2010, the Defendant made a false statement to the above Defendant on the following occasions: “Around June 2010, the Defendant purchased the gas station located in the Jeonnam-do, and borrowed the appraisal cost and oil value necessary to lend to the Defendant. It would complete full payment of all the amount of damage incurred by operating the gas station.”

However, in fact, the Defendant did not have funds to purchase E, and the sales contract entered into with F, the principal owner of the above gas station, was not a normal sales contract, and even if the Defendant received money from the victim, such as having to additionally pay 200 million won or more in the process of purchasing the gas station with a large amount of personal debt, it is normal to pay the gas station.