A defendant shall be punished by imprisonment for a term of one year and two months.

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

On June 24, 2016, the Defendant was sentenced to the suspension of the execution of the imprisonment with prison labor for 8 months at the Suwon District Court for fraud, and the said judgment became final and conclusive on September 5, 2016.

Criminal facts

On January 22, 2010, the Defendant made a false statement that “If the Defendant borrowed funds from the victim’s office located in Songpa-gu Seoul Metropolitan Government (State of Operation C) D in relation to the wind power generation project in China in progress, the Defendant would purchase the server necessary for the project.”

However, in fact, the Defendant was a person with bad credit standing who has no property or income in the name of the Defendant, and the Chinese business that had been in progress at the time was nonexistent and bound to receive the said money from the victim. Even if the victim received the said money, the intent was to use it as other business funds or cost of living, and there was no intention or ability to purchase the server sold by the victim or to repay the money.

As above, the Defendant, by deceiving the victim, received KRW 8 million from the victim on the same day and acquired it, and from around that time to December 6, 2013, the Defendant acquired each money recorded in the “amount committed” column of the crime committed in 12 times in total as indicated in attached Table 1 through 12 from around December 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by C by a witness in the third protocol of trial;

1. C’s legal statement;

1. Some of the statements made by the police and the prosecutor's protocol of examination of the accused (including the C's statement);

1. Statement to C by the police;

1. Investigation report (record files to be submitted by a complainant), investigation report (statements to be submitted by a criminal suspect), investigation report (Submission of materials to be submitted by a criminal suspect, list of evidence Nos. 28), investigation report (Submission of materials by mail to a criminal suspect, list of evidence Nos. 29), investigation report (Attachments such as materials to be submitted by a criminal suspect and a criminal complainant, No. 34)

1. The copy of the payment order (Evidence No. 10), each copy of the loan (Evidence No. 11, 13), Luxembourg's statement of expenses for business trip (Evidence No. 14).