A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On August 13, 2014, the Defendant was sentenced to a suspended sentence of 2 years for fraud at the Seoul Northern District Court for 8 months, and the said judgment became final and conclusive on the 21st of the same month.

The Defendant is a person who operates the “D Co., Ltd.” located outside Seongbuk-gu Seoul Metropolitan Government, and the victim E is a person who engages in the sacity (tentatively referred to as “savem”) in G Sana located in Seoul F.

On July 12, 2011, the Defendant said, “D Co., Ltd.,” to the victim E at the above “D Co., Ltd. office,” saying, “The Defendant would lease to the victim E the right to engage in the detailed business of 200 million won for D Co., Ltd., a deposit. The three persons are six all, and the three persons are 1.6 million won per day, and the three persons are 1.6 million won per day, and 4.8 million won per month.” This three persons would receive the three-day visa instead and send 1.1.2 million won per week.”

However, the Defendant had already received KRW 240 million from H on April 22, 2011, and agreed to lease the said three business rights to H. Therefore, even if receiving money from the victim, there was no intention or ability to lease the three business rights.

The Defendant received KRW 10 million in cash from the victim on July 12, 2011. On July 15, 2011, the Defendant received KRW 140 million in the bank account (number I) in the name of the Defendant, and KRW 50 million in the same account around August 8, 201.

Accordingly, the Defendant, by deceiving the victim, received KRW 200 million from the victim in the name of the goodwill deposit.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of the witness H, E, and J;

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

1. E prosecutorial statement;

1. Previous convictions in judgment: Application of criminal records and investigation reports (to hear statements of victims and attach copies of written judgments);

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. The reason for sentencing of concurrent crimes (the range of recommending punishment) under the latter part of Article 37 and Article 39(1) of the Criminal Code (the previous and previous crimes at the time of sale) is not less than the amount of KRW 100 million for general fraud.