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

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

Punishment of the crime

[criminal record] On November 1, 201, the Defendant was sentenced to a suspended sentence of 4 months for a violation of the Commercial Act due to a violation of the Commercial Act in the Daegu District Court racing support, etc. on November 1, 201, and the said judgment became final and conclusive on November 15, 2013. On November 8, 2013, the Daegu District Court sentenced imprisonment and two years and six months for fraud at the Daegu District Court, which became final and conclusive on November 28, 2013. On April 3, 2015, the said judgment became final and conclusive on April 11, 2015, by being sentenced to imprisonment with prison labor for one year for fraud.

【Criminal Facts】

1. On August 2008, the Defendant made a false statement to the effect that “E” office operated by the victim D in Yongcheon-si, Chungcheongnamcheon-si, the Defendant would pay KRW 30 million for aggregate materials of construction as of August 2008 to the said victim, and there is no cash or cash, i.e., payment of the construction cost. However, the Defendant would make a bill of exchange with the actual representative. The payment will be made clearly at the date of payment.”

However, the Defendant did not have any particular property, and was able to obtain a loan from a bank without its own capital or to perform construction work. There was no measure in preparation for a bank to not obtain a loan, and there was no personal debt amounting to 1.3 billion won. Thus, there was no intention or ability to pay the price of the bill at the due date.

The Defendant, as above, by deceiving the above victim, and thereby deceiving the victim, was exempted from the obligation to pay the construction price equivalent to KRW 26.5 million by means of endorsement on one copy of the promissory note (bill No. G) with the face value of KRW 36 million at the Industrial Bank of Korea Busan Pyeong-dong Branch, which was issued by F, “The Bank of Korea of Busan Pyeong-dong,” which was issued by F, “The payment date.”

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

2. On October 4, 2011, the Defendant: (a) on the street before a bus terminal located in the Simcheon-si Geumcheon-si Labor; and (b) on the victim D, “on December 24, 201, the face value of KRW 58,200,000, the date for payment.”