A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On October 2015, the Defendant is the representative director of the E Co., Ltd. in the cafeteria operated by the victim D in Jongno-gu Seoul, Jongno-gu, Seoul.

E Co., Ltd. was selected as a reconstruction executor of G market in Gangnam-gu Seoul, Seoul and I market in Gangnam-gu, Seoul.

A false statement was made that “A loan will be repaid at the same time on the commencement of the construction project at the time of the loan.”

However, the fact is that the defendant or E company was not selected as the executor of the G market reconstruction project or the I market reconstruction project, there was no authority for the said reconstruction project, and there was no particular income or property, so even if it borrowed money from the damaged party, there was no intention or ability to repay it.

On November 19, 2015, the Defendant received KRW 25 million from the damaged party to the new bank account under the name of E Co., Ltd. around November 19, 2015 and received KRW 53 million in total on seven occasions from around that time to December 21, 2016, as shown in the list of crimes in attached Table.

Accordingly, the defendant was delivered KRW 53 million by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Two-time protocol of interrogation of the suspect of the police against the accused (including the cross-examination);

1. Statement made by the police against D;

1. Current status of the G market reconstruction improvement project and the I market improvement project;

1. Details of account transfer, details of check transfer, and application of Acts and subordinate statutes of a copy of a loan certificate;

1. Article 347 (1) of the Criminal Act, the grounds for sentencing of sentence of imprisonment, inclusive, with respect to the relevant Article of the Act and the choice of punishment for the crime;

1. Application of the sentencing criteria [the scope of the recommended punishment] General Fraud (less than KRW 100 million) in the basic area (from June to one year and six months) (the person who is subject to special sentencing)

2. The Defendant, who was sentenced to sentence, used most of the money received from the injured party for the purpose of living expenses, repayment of personal debts, etc., and the remainder, excluding KRW 8.5 million, out of the amount of damage in this case, is not repaid.