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 became final and conclusive.

Punishment of the crime

[Criminal Power] On September 13, 2018, the Defendant was sentenced to two years of imprisonment for fraud and three years of suspended execution at the Seoul Southern District Court, and the judgment became final and conclusive on September 21, 2018.

【Criminal Facts】

Around August 2016, the Defendant lent KRW 100 million to the victim D as the borrowed money in Pyeongtaek-si B located in Pyeongtaek-si, 2016, as if the victim had been able to recover the amount of KRW 100 million from the profits accrued from the operation of C and the obligation of the Defendant to transfer, the Defendant is entitled to operate C if the situation where the door is closed due to the absence of operating expenses, and the door is KRW 100 million. As electricity is unpaid and electricity is cut down, first of all, 30,000 won is given, and then 70,000 won is lent later from the victim. The Defendant’s account at the post office in the name of the Defendant on August 16, 2016, 30,000 won is extended to the post office account in the name of the Defendant, and the same year.

9.1. Receiving 70 million won in the same account as a loan.

However, in fact, the Defendant was unable to pay the security deposit to the F in the name of the business owner C, and the Defendant did not have the ability to allow the victim to operate by arbitrarily transferring the C’s management right to the victim, and received money on the condition that the Defendant exceeded the management right, followed the above F to drive the victim and the Defendant planned to continue to operate C, so there was no intention to allow the victim to operate the money beyond the management right.

After all, the defendant, by deceiving the victim, obtained the sum of KRW 100 million from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Partial statement of the witness F in the court;

1. Statement made by the prosecution with respect to F;

1. Details of deposit transactions and a letter of delegation;

1. C Business report and submission of documents (real estate lease contract);

1. Previous records of judgment: Criminal records, results of inquiry, investigation reports ( Results of separate disposition against A by a suspect), and application of related statutes of the judgment;

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.