A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

[Power of crime] On January 14, 2016, the defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court on January 14, 201, and the judgment was finalized on January 22, 2016.

[2] On May 30, 2012, the Defendant, at the D Lawyer office located in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) around May 30, 2012, falsely stated that “The Defendant would allow the victim E to make an investment of KRW 13 billion prior to the commencement of the public auction if the Defendant, who is aware of the fact that “the victim E would be able to grant a loan of at least 10 billion won, is attracting the contract deposit for the public sale of an apartment complex from the former owner.”

However, even if the contract amount is paid in KRW 300,00,000, there was no knowledge of the investor to invest in the amount of KRW 13 billion and there was no intention or ability to pay such contract amount to investors.

The Defendant is the victim, and the Defendant was transferred KRW 2 million to the Agricultural Cooperative Account in the name of the Defendant around June 5, 2012 from the victim, to the Agricultural Cooperative Account in the name of the Defendant, and from August 31, 2012, the sum of KRW 494 million was transferred to the Agricultural Cooperative Account in the name of the Defendant by the same method until August 31, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

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

1. Statement made by the prosecution against E;

1. An investment advisory contract, a certificate of cash custody, and a written statement of each receipt;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, current status of personal confinement, and application of each written judgment;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. After Article 37 of the Criminal Code to treat concurrent crimes, the sentence shall be imposed in consideration of the following facts: (a) the reason for sentencing under Article 39(1) is that the defendant was punished several times for the same kind of crime; (b) the amount acquired by the defendant is considerably large amount of KRW 494 million; and (c) most damage to the victim has not been recovered; and (d) the same shall apply to the crime of this case for which the judgment of the