A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

[criminal power] On April 3, 2013, the Defendant was sentenced to imprisonment with prison labor and six months at the Seoul Southern District Court for fraud, and the judgment was finalized on July 1, 2013.

【Criminal Facts】

Around March 2012, the Defendant made a false statement to the effect that “A victim E who requested the sale of a loan from the D Real Estate located in the Gangnam-gu Seoul Metropolitan Government, to sell the loan to the SH,” and that “as necessary to contact the persons related to the SH so that the loan may be sold, 30 million won as entertainment expenses are changed.”

However, even if the defendant receives money from the victim, he thought that he will use it for the purpose of personal debt repayment, etc., and did not have an intention or ability to sell the loan by contact with the persons related to the SH Corporation.

On March 24, 2012, the Defendant: (a) by deceiving the victim; (b) received 19 million won in cash and checks as entertainment expenses from the said D Real Estate from the victim; (c) received 6 million won in total from the Agricultural Cooperative account in the name of the Defendant’s wife F; and (d) received 3 million won in total from the Bank account in the name of the Defendant’s wife G to deliver or remit 5 million won in total to the Bank account in the name of the Defendant’s wife; and (d) received money transferred to the Bank account in the name of the Defendant’s name on May 15, 2012.

Accordingly, the defendant received 35 million won in total as entertainment expenses from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement to E by the police;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. As the victim agreed with the victim under Article 62(1) of the Criminal Act and the victim did not punish the defendant, the criminal records and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, the principle of equity in the case of concurrent trials shall be considered.