A defendant shall be punished by imprisonment for not less than three months.

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

Punishment of the crime

[Criminal record] On January 11, 2017, the Defendant was sentenced to a suspended sentence of ten months of imprisonment for fraud in the Hongsung Branch of the Daejeon District Court, and the said judgment became final and conclusive on July 6, 2017.

[ criminal facts] The Defendant, at the “D” restaurant located in Seocheon-si, Seocheon-si, Seoul on December 26, 2013, the Victim E prepared to operate the Lart business with the office of Seocheon-gun, Seocheon-si. However, the Defendant may commence the business immediately when funds enter the Red bean.

At present, the principal shall be repaid and the interest shall be paid in return for the entry of the funds from the Hongpe, if the expenses are not sufficient.

The phrase “ makes a false statement.”

However, even though the Defendant established F in March 2010, the Defendant did not have any specific plan to invite or invite a business entity to select the above resort development in the Seocheon-gun, Seocheon-gun, and therefore, it was unclear whether the business entity of the Defendant would proceed with the resort business. There was no specific contract for receiving funds from Hong Congo. The capital of the above company is only one million won, and the Defendant did not have any intention or ability to pay the funds even if he borrowed money from the damaged party due to lack of a special occupation.

The Defendant received 30 million won from the injured party, namely, remittance from the victim’s seat to the Suhyup account in the name of the Defendant, and from June 11, 2014, a total of 43.2 million won was transferred over eight times, as shown in the list of crimes in the attached Table.

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 for E;

1. Receipt, statement of transfer of account, written statement of account, written statement of performance, and certificate of loan;

1. The court records (Protocol of Examination of Witnesses) that have been rendered by the Daejeon District Court for the second time 2015 High Court and the court records;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

1. The latter part of Article 37 of the Criminal Act, provided that Article 39(1)1.