B Imprisonment with prison labor for the crime No. 2 and No. 3 of the judgment of the court below for the crime No. 1 of the judgment of the court below, and the defendant.

[criminal record] Defendant B was sentenced to six months of imprisonment for fraud at the Incheon District Court on April 4, 2012, and the said judgment became final and conclusive on September 11, 2012. On October 16, 2014, Defendant B was sentenced to one year of suspended execution of imprisonment for three months at the Seoul Central District Court for fraud, and the said judgment became final and conclusive on October 29, 2015. < Amended by Act No. 13748, Aug. 19, 2016; Act No. 14785, Nov. 25, 2016>

[Criminal facts]

1. “Around June 21, 2016, the Defendant (Defendant B) may live with the Victim BN prior to the mutual convenience store located in Seo-gu, Seo-gu, Incheon, Seo-gu, Incheon.” (hereinafter “Defendant B”) around June 21, 2016.

In addition, the Republic of Korea made a false statement to "to pay money to the testee who will buy a four-round car at a low price."

However, even if the defendant received money from the injured party, it was scheduled to use the money for the operation of the defendant's company, and the victim did not have the intent or ability to purchase the fourth car.

The Defendant received a total of KRW 20 million, including KRW 15 million on June 21, 2016, and KRW 5 million on July 23, 2016, from the injured party, and acquired it through the X Cooperative Account in the name of the Defendant.

2. Defendant BM actually operated BS in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu) (Defendant BM) and Defendant B was a person who was in the position of “ adviser” in the same company. The Defendants purchased clothes from the victim BT and sold them to raise funds due to the shortage of operating funds of the said company.

Defendant

BM in April 2014, in the office of the above company, the victim BT was issued with the guarantee of the BU to pay the purchase price to the victim BT, and the defendant B received the guarantee from the "victim BW in the operation of the victim in Daegu-gu BV located in the 21st of the same month."