The defendant shall pay 30,280,000 won to the applicant by fraud.

On July 18, 2017, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the method of Suwon, which became final and conclusive on October 31, 2017.

On April 28, 2015, the Defendant: (a) by telephone to the victim C via D on April 28, 2015; (b) in addition to the loan of KRW 17 million to the leased apartment, the Defendant paid the leased deposit and first moved in the leased apartment and the leased deposit is secured; and (c) if the lease deposit is due two years after the maturity, the Defendant would pay the loan from the leased deposit.

“A false representation was made.”

However, even if the defendant borrowed money from the damaged party, he did not intend to use it as the apartment rental deposit, and he did not intend to pay the borrowed money and did not have the intention or ability to pay the borrowed money.

Nevertheless, the Defendant: (a) by deceiving the victim and immediately transferred KRW 2 million to the Agricultural Cooperative Account (E) under the name of the Defendant from the victim; and (b) from around that time to March 28, 2017, received a total of KRW 31 million over eight times, as indicated in the list of crimes, from around that time to around March 28, 2017.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A criminal investigation report (a statement made before the complainant and reference witness D);

1. Data providing information on age assessment;

1. A detailed statement of entry and withdrawal transactions, details of entry and withdrawal transactions, and a detailed statement of financial account transactions;

1. Loan certificate, work process certificate, SNS Kakao Stockholm conversation closures;

1. Previous convictions: Inquiry about criminal history, reporting of the previous convictions of the disposition, and applying Acts and subordinate statutes dismissing appeal among trials;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 25(1), 31(1), and 31(2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;