A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On January 7, 2010, the Defendant was sentenced to a suspended sentence of ten (10) months of imprisonment for fraud at the Seoul Central District Court, and the judgment became final and conclusive on November 25, 2010.

On April 16, 2008, the Defendant entered into a contract with the victim and the Defendant to exchange the operating right of the restaurant (valued KRW 117 million) among the above “E” (valued KRW 132,00,000,000) and the difference of KRW 15,00,000,000 among the above “E” (valued KRW 132,000,000,000,000,000) newly constructed in the restaurant in the “E” of the victim D’s operation in Seocho-gu Seoul Metropolitan Government, which was operated by the Defendant, within six months.

However, while constructing the above pentle, the Defendant received a loan equivalent to 12 billion won from the Mets Fire and Marine Insurance, and accordingly entrusted the right to dispose of the entire pentle to the above pentco Asset Trust Co., Ltd. to pay the sale price to the above Metsts Fire and Marine Insurance, which is the priority beneficiary. Since the ownership of the above pentle was expected to be registered as a transfer to the Mecco Asset Trust on the ground of the trust, the Defendant did not have any intent or ability to transfer the ownership by arbitrarily disposing of the above pentle to the victim.

Nevertheless, the Defendant received the right of operation of the above restaurant, which was assessed as the market value of KRW 117 million in accordance with the above exchange contract, from the victim, and received KRW 5 million out of the difference with the pention.

Accordingly, the defendant acquired property benefits by deceiving the victim and received property.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness I;

1. Statements made by witnesses D in the second protocol of the trial;

1. Statement of witness I in the fifth protocol of the trial;

1. Each investigation report (87 pages, 108 pages, 192 pages);

1. Each complaint, exchange contract, sales contract, certified copy of the register, and trust original;

1. Previous convictions in judgment: Criminal records, inquiry reports, and criminal investigation reports (report on criminal records of the accused) shall be applied by statutes;