A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On April 8, 2010, the defendant was sentenced to imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes in Seoul High Court, and the above judgment became final and conclusive on the same day.

On November 9, 2007, the Defendant: (a) at the E-legal office located in Gangnam-gu Seoul Metropolitan Government (Seoul) around November 9, 2007; (b) through G, Doin F and Loan Brokers, the Defendant, through G, sold to the victim H the second floor of J shopping district located in Seongbuk-gu Seoul Metropolitan Government I; and (c) paid down payment and intermediate payment almost in full; (d) if the above commercial building was leased KRW 100 million as security, the Defendant would have made payment after three months of the monthly interest.

However, the defendant did not have the right to offer the above JJ Nos. 8 on the second floor, so there was no right to offer it as security.

Nevertheless, as above, the defendant made a false statement and obtained KRW 100 million from the victim and acquired it by fraud.

Summary of Evidence

1. Each legal statement of the witness H and F;

1. Statement of the defendant in part of the suspect examination protocol by prosecution;

1. A copy of the I commercial supply contract, deposit sheet, written confirmation, written repayment plan, etc., and loan-related documents;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to residents' inquiry, inquiry into criminal records, investigation reports (Attachment of judgment);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The defendant and his defense counsel's assertion against the defendant and his defense counsel under the latter part of Articles 37 and 39 (1) of the Criminal Procedure Act dealing with concurrent crimes asserts that the defendant merely borrowed KRW 100 million from the lending company "K" on the date and time stated in the above crime, did not deceiving the victim, and did not have any intent to acquire money from the victim.

However, comprehensively taking account of the above evidence, the Defendant, as a management director of L Co., Ltd., was involved in the contract, such as the sales agency contract concluded between L Co., Ltd. and M Co., Ltd. on the above J Co., Ltd., and the sales contract between J Co., Ltd. on the date