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

[Criminal Records] On November 4, 2016, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Suwon District Court on November 12, 2016, and the said judgment became final and conclusive on November 12, 2016.

【Criminal Facts】

The defendant is a person who has worked as a contract-based lending counselor in B Bank.

On July 2014, the Defendant made a false statement to the victim C, who is a university motive in Seoul Buddhist District, stating that “The Defendant is aware of the source of investment that pays high-profit profits to the employees working in the B Bank by making an investment. There are considerable profits by making an investment, but if an investment is made, 10% profits may be given.”

However, at the time, the Defendant had a debt such as bank loans 300 million won, and the Defendant’s wage is insufficient to cover the interest of loans and living expenses. From around 2013, the Defendant appropriated funds for living expenses with credit card loans and cash services, etc. from around 2013. Since the Defendant borrowed money from a full-time workplace loan, etc. to repay this, he/she was able to pay the Defendant’s other debt by receiving money from the victim, and there was no intention or ability to pay the victim’s profit by investing this money.

As such, the Defendant, by deceiving the victim, received KRW 5 million from the victim to the Defendant’s bank account on July 22, 2014, from the victim, and received KRW 94 million from that time to May 7, 2015 as stated in the separate crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A bank transaction statement;

1. Previous records of judgment: Criminal records, reply reports (A), investigation reports (report on the binding of judgment), and application of two Acts and subordinate statutes in duplicate of judgment;

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

1. The latter part of Article 37 of the Criminal Act and Article 39(1) of the same Act concerning concurrent crimes;