A defendant shall be punished by imprisonment for six 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

On September 29, 2009, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution for fraud at the Seoul Central District Court on July 15, 2010.

On June 6, 2007, the Defendant: (a) sought from the victim C, “E, the representative of D, obtained approximately KRW 10.3 billion from the bank, with the view to obtaining a loan of KRW 10.3 billion from the bank; (b) it is difficult for the bank to cope with the interest; (c) it is good that the normal sale was well known; (d) it is possible for the victim C to receive a loan; (d) it is impossible for the victim C to pay the loan with money necessary for the loan; (e) it is possible to pay the loan; and (e) it differs from the loan money; (e) it is only possible to pay the loan by telephone to the F regime; (e) there is a talk with the President of the Gangnam-gu Headquarters of the Korea Bank; (e) there is a director and talk with the Korea Savings Bank; and (e) there was some other interference.”

However, in fact, the defendant did not receive money from the victim because he did not come to talk with the Gangnam-gu Head of the Gangnam-gu Office of the new bank by obtaining a loan, and there was no intention or ability to make the victim receive a loan.

Nevertheless, the Defendant, at the end of the above time, obtained 20 million won from the victim by allowing the victim to deliver 20 million won, which was remitted from G on June 7, 2007, to the defendant immediately thereafter, and acquired 20 million won from the victim.

Summary of Evidence

1. Statements of witnesses G and C in the second trial records;

1. Statement made by C of a witness in the fourth trial record;

1. Examination protocol prepared by a public prosecutor in relation to C;

1. A certified copy of each building register;

1. A specification of transactions;

1. Before ruling: Application of criminal history records, investigation reports (suspect A's previous records and attachment of judgment) and Acts and subordinate statutes;

1. Relevant Article 347(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows.