A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On June 16, 2011, the Defendant was sentenced to a suspended sentence of ten (10) months of imprisonment for fraud at the Suwon District Court, and the said judgment became final and conclusive on the 24th of the same month.

On February 2, 2010, the Defendant stated to the effect that “AC restaurant located in the Daegu Suwon-gu, the Defendant: (a) the victim AD, who was aware of the bank loan at the time, was appraised to the extent of KRW 13 billion with respect to the building owned by the victim; and (b) would have borrowed approximately KRW 10 billion with respect to the amount of KRW 70-80% of the appraised value; and (c) would be able to receive a loan with approximately 2% of the interest of the bank.”

However, there was no intention or ability to receive an appraisal of the building owned by the victim at least 13 billion won, and there was no intention or ability to receive the above loan.

Nevertheless, the defendant deceivings the victim as above, and is subject to such deception from the victim.

3. Around 12.12. Around the date of the transfer of KRW 30 million to the Daegu Bank Account under the name of the Defendant, the defrauded shall be taken over.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the accused by the prosecution (including each statement part of AD and AE in the second protocol);

1. Statement made to AD by the police;

1. AE statements;

1. Details of transfer;

1. Previous convictions: Before disposition and reporting the results of confirmation, and applying Acts and subordinate statutes of the judgment (No. 13 lists of evidence);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;