The defendant shall be punished by imprisonment for five months.

Punishment of the crime

The Defendant was sentenced to one year of imprisonment for fraud at the Seoul Central District Court on August 17, 2011, and the said judgment was finalized on January 27, 2012. On August 14, 2012, the Seoul Western District Court sentenced ten months of imprisonment for fraud, etc. and became final and conclusive on November 9, 2012.

On January 5, 2011, the Defendant received a loan amount of KRW 45 billion from the victim H, such as interest and fee, from the victim H, through G, from Gangnam-gu Seoul Metropolitan Government F building 1604, and promised to purchase a loan of KRW 1.1 billion for the victim.

G received 45 million won from the victim on January 7, 2011, and transferred 40 million won to the account of the above loan brokerage company and the defendant by dividing it into the account of the above loan brokerage company.

However, in fact, the defendant did not have any intention or ability to cause a loan of KRW 1.1 billion requested by the victim to die.

As a result, the Defendant received KRW 40 million by deceiving the victim, and received the loan from the other party to the transaction in exchange for the loan.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Statement of witness H in the fifth trial record;

1. Entry of witnesses G in the 8th trial records in the legal statement;

1. Protocol concerning the examination of suspects in relation to G (including the cross-examination);

1. Previous convictions: Criminal history records and investigation reports (Attachment of a suspect A's separate judgment), each judgment (Seoul Western District Court Decisions 201Da943 decided August 14, 2012; 2012No958 decided October 25, 2012; 2012Do13493 decided January 24, 2013). The defendant's judgment on the defendant's assertion was received from the victim a payment of KRW 45 million out of the amount of KRW 53,90,000,000,000 from the victim until the agreed date, and the defendant was paid KRW 8,90,000 to the victim on condition that the victim would be paid KRW 1.1 billion by the agreed date. In conclusion, it was impossible to receive KRW 8.9 million from the victim until the agreed date.