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

3.

On October 18, 2018, the Defendant, at the Seoul Eastern District Court, was sentenced to a suspended sentence of ten months for fraud, and the said judgment became final and conclusive on April 16, 2019.

On October 17, 2018, the Defendant made a false statement to the victim C, stating that “Around December 31, 2018, an officetel was sold in Seoul Past, and KRW 10 million was repaid until June 30, 2019, and KRW 20 million was repaid until June 30, 2019.”

However, the Defendant did not have an officetel to sell in Seoul diving and did not have any intention or ability to repay the above amount properly even if the Defendant borrowed the above amount from the victim because he did not have any particular profit or property.

The Defendant, as such, was issued KRW 30 million in total by the victim on the pretext of borrowing KRW 10 million from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (a statement made by a complainant) on each police statement written by C and D, each of the police statements written by C and investigation report (a statement made by a witness D);

1. Characters and photographs;

1. Previous convictions in judgment: Application of inquiry results, investigation reports (criminal records), investigation reports (Attachment to the progress of the case against a suspect)-related Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing Article 62-2 of the Social Service Order Criminal Act Article 62-2 of the Act on the Suspension of Execution of Article 37 and Article 39(1) of the Criminal Act on the Handling of Concurrent Crimes, despite the past, the Defendant again committed the instant crime even though he/she had been punished as a crime of fraud, and there is a high possibility of criticism for the instant crime.

In addition, since the defendant did not pay the amount of damage for a long time from the date of receiving the money from the victim to the date of closing argument in the trial, it is judged that the degree of economic and mental damage suffered by the victim is reasonable.

However, the defendant seems to have the attitude to recognize and reflect the crime of this case.