A defendant shall be punished by imprisonment for two years.

Punishment of the crime

On January 30, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor at the Changwon District Court for fraud, and on November 28, 2015, the execution of the above punishment was terminated at the Common Detention House on November 28, 2015, and on September 5, 2017, the Changwon District Court sentenced six months of imprisonment with prison labor for fraud was finalized on November 9, 2017.

On May 14, 2017, the Defendant made a false statement to the victim D, within the office of the Dispute Resolution Co., Ltd. in Kimhae-si, to the effect that “The previous factory size is difficult to extinguish the quantity of the imported goods because the size of the factory is small.” On the loan of down payment of KRW 100 million, the Defendant borrowed KRW 300 million from the existing factory production facilities as security and repaid the principal amount of KRW 100 million and interest of KRW 20 million until September 14, 2017.”

However, even though the above factory was no longer sold and purchased and entered into a lease contract for the above factory on June 12, 2017, the Defendant did not notify the victim of the fact, and even if he received the above money from the victim, he was planned to use it for the appointment of attorney-at-law in a separate criminal case, payment of wages in arrears of workers, payment of debts to customers, etc., which was in progress at the time of not paying the down payment for the factory, and the seller paid the down payment of KRW 5 million out of the purchase price of the existing factory to the seller for the production facilities and did not have any other financial ability to pay the balance, etc., so the Defendant could not receive a loan with the production facilities as a security. Therefore, as promised by the victim, he did not have any intention or ability to pay the above money at the time of purchasing the factory of this case

Ultimately, around June 15, 2017, the Defendant, by deceiving the victim as above, received KRW 100 million from the victim to the new deposit account in the name of the Defendant and acquired it by deceiving the victim.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Statement made to D by the police;

1. A loan certificate, deposit certificate, lease contract, or letter; and

1.Each.