Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On December 11, 2008, the defendant was sentenced to imprisonment with prison labor of three years and six months in Seoul High Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment became final and conclusive on February 26, 2009.

Around September 21, 2007, the Defendant stated that “D” coffee shop located in Jung-gu Seoul, Seoul, would create a passbook of KRW 60 billion prior to the owner of the goods to purchase specified goods as security. If the Defendant borrowed KRW 15 million, the Defendant would end all business until September 27, 2007 and arrange it.”

However, even if the defendant receives the above money from the victim, he did not have any intention or ability to provide or borrow a passbook containing 60 billion won.

Nevertheless, the defendant deceivings the victim as above and acquired 15 million won from the victim, namely, the victim.

Summary of Evidence

1. Statement that part of the defendant's statement (the statement that he/she has received money) in the first trial record;

1. The witness E’s statement in the fourth and nine trial records (the statement was made by deception as stated in the judgment of the defendant on the fourth trial date, but the statement was submitted on August 10, 2012 to the effect that “F, other than the defendant, made a fraudulent act.” However, during the nine trial days, he/she again made a fraudulent act as stated in the judgment of the defendant. In light of the fact that the copy of the cash storage certificate, the copy of the certificate of business promotion, and the copy of the agreement conforms to the statement on the nine trial date on August 9, 2012 submitted by E, it is difficult to believe that the written statement on August 10, 2012 submitted by E is reliable, and there is credibility in the legal statement of E).

1. Part of the witness F’s statement in the sixth protocol of the trial (the statement that the defendant would make a passbook of KRW 60 billion if he/she lends money to the victim, and that he/she would purchase specified objects and would make a benefit remaining therein).