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

Punishment of the crime

On August 14, 2013, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Western District Court for fraud, and the said judgment became final and conclusive on the 22th of the same month.

On June 20, 2013, the Defendant: (a) at the D office of the Defendant’s management company located in Seoul building 425, Nam-gu, Incheon; (b) the victim F and the victim G, the president of the E two-dimensional business offices, “A cemetery development project is being carried out to the extent of 20,000 won or less of graveyard 20,000; (c) H had a graveyard patent right; (d) the state of H’s patent right to use H’s patent right to use the graveyard and the cemetery 5,000 funeral contract had already been concluded; (e) the remainder after the lapse of 5,000 funeral period; and (e) the funeral construction will be ordered if the amount of KRW 100,000 remains as a security deposit.

“.........”

However, in fact, the defendant did not have entered into a funeral contract with the Kan-si and the cemetery transfer contract, and even if he received the above money from the victims, the victims did not have the intent or ability to subcontract the cemetery transfer construction as above.

The Defendant: (a) by deceiving the victims as above; (b) obtained the delivery of KRW 100 million from the victims of the same day to the victim G 40 million for the same day (i.e., the victim F 60 million won); and (c) obtained the delivery of the victim G 40 million won.

[In full view of the following circumstances acknowledged by the evidence duly adopted and examined in this court, it is sufficiently recognized that the Defendant entered into a new funeral contract with the view to raising the investment amount, etc. promised to H, and that it was false as if the victims were able to enter into such contract within a period of several months from the payment of deposit money, since the Defendant had already entered into a new funeral contract with the victims at the time of a cemetery of 5,000 won.

① The victims had already entered into an immigration agreement between the investigative agency and the victims regarding the period of 5,00,000.