[criminal power] On July 11, 2013, the Defendant was sentenced to imprisonment for two years and six months as a crime of fraud in the Daegu District Court Port Branch Branch of the Daegu District Court on July 11, 2013, and four months as of September 4, 2013, respectively, for the same crime, and completed the execution of the sentence in the port prison on April 23, 2016.

【Criminal Facts】

1. Fraud against the victim B;

A. On August 2018, Defendant A, at the parking lot of the race Museum, which was located in the king-dong, Sejong-si, Daejeon-si, Daejeon-si, Defendant A: “I would supply the victim B with oil below the oil value if the payment was made by the deposit.”

However, in fact, the defendant did not have a place to supply marine oil to the victim, and the victim was planned to use the money received by the victim for the opening expenses of the oil station, so there was no intention or ability to supply low oil to the victim. Since the financial rights and personal obligations of the defendant were reached 30 million won, there was no ability to pay the money received from the victim.

Nevertheless, around August 21, 2018, the Defendant received 12.4 million won from the victim to the CUnion account (D) under the name of the Defendant and acquired it by fraud.

B. On December 30, 2018, the Defendant: (a) made a false call to the victim B to sell and purchase a horse at a non-permanent area (hereinafter referred to as “SP”) on December 30, 2018; and (b) made a false statement to the effect that “I would immediately make payment upon receipt of the down payment on the following day, if the remittance is required by 2 million won.”

However, in fact, the defendant argued that he was his own house, E is merely a tenant, and there is no real estate owned by the defendant, and two million won received from the victim is considered to be used as his own living expenses, etc., and thus there is no intention or ability to pay the borrowed money to the victim on the following day.

Nevertheless, the Defendant borrowed money from the victim to the CUnion (D) account in the name of the Defendant on the same day.