A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

On July 16, 2010, the Defendant was sentenced to imprisonment with prison labor for six months and one year of suspended execution in the Chuncheon District Court for fraud, and the sentence became final and conclusive on the 24th day of the same month.

Around March 2009, the Defendant made a false statement to the victim in the office of the victim D located in Yangcheon-gu, Yangcheon-gu, that “The Defendant would make a contract for the construction of a new building if he/she lends KRW 200 million as operating funds to the owner of the building, by building the building area of 1,318 square meters on the real estate of four lots, such as Chuncheon City E, as the owner of building.”

However, the fact is that the defendant did not have the ability to carry out the above construction work because of the lack of the defendant's property or loan ability at the time, and the non-indicted G, the transferor of F, was not paid at all, and there was no intention or ability to contract the above construction work to the victim.

Therefore, the Defendant acquired the total sum of KRW 200,000,000 from the victim on April 20, 2009, KRW 20,000,000 on June 1, 2009, KRW 30,000 on June 30, 2009, KRW 5,000,000 on July 13, 2009, KRW 30,000 on July 28, 2009, and KRW 200,000 on July 5, 200, and KRW 00,000 on July 29, 200.

Summary of Evidence

1. Statements made by witnesses G in the second trial records;

1. The entry of witness D in part of the third protocol of trial;

1. Examination protocol of the accused by the prosecution;

1. Notarial deeds of bills;

1. Each warning;

1. A certified copy of the register (Evidence No. 7);

1. A certified real estate register;

1. A copy of each judgment;

1. A real estate sales contract;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquire into criminal and investigation records records;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Determination on the Defendant and his/her defense counsel’s assertion on concurrent crimes under the latter part of Article 37 and Article 39(1)1 of the Criminal Act

A. The defendant and his defense counsel asserted that the person who actually lent money to the defendant is not the victim but the non-indicted H chairperson.

However, if the defendant solves the amount of 200 million won of the company operation fund to the victim, F is owned.