A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal record] On May 3, 2018, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Busan District Court and three years of suspended execution, and the judgment became final and conclusive on the 11th of the same month.

[Criminal facts] The Defendant is a person who actually operated a real estate development company C.

1. On May 20, 2014, the Defendant entered into a contract with the victim E office, a civil engineering design company run by the victim B located in Geumcheon-gu, Busan, for the following reasons: “The victim entered into a contract with the victim’s company for G civil engineering design and construction in F that is being undertaken by the Defendant company.”

At present, if the defendant company's operating company lends money in economic interest, it would be paid back immediately if the other business is arranged.

However, the defendant did not have any authority in relation to F implementation projects, and even if he borrowed money to the victim with a large amount of debt and there is no specific property, he did not have the intention or ability to pay it properly.

As such, the Defendant, by deceiving the victim, obtained from the injured party the amount of KRW 50 million on May 21, 2014, the amount of KRW 50 million on the check, and the amount of KRW 10 million on August 8, 2014, KRW 40 million on the said I Account, KRW 10 million on September 22, 2014, and KRW 100 million on the money borrowed from the injured party.

2. On December 14, 2015, the Defendant: “A company need to pay money in relation to the company” to the victim E.

On March 30, 2016, a false statement was made to the effect that a person would have repaid his/her money.

However, in fact, even if the defendant has a large amount of debt and has no specific property, he/she did not have the intent to fully repay the debt to the victim.

As such, the Defendant, by deceiving B, who is the operator of the victim company, obtained on December 15, 2015 from the victim company the amount of KRW 10 million from the victim company to the I account in the above H name, and acquired it by deceit.

Summary of Evidence

1. Part B of the statement in the police interrogation protocol against the witness B, J, K, and L's respective legal statements.