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

Punishment of the crime

[Criminal record] On October 12, 2017, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Seoul Eastern District Court on June 2017, and the said judgment became final and conclusive on February 3, 2018.

[Criminal facts]

1. Around March 7, 2017, the Defendant requires a repair cost of KRW 27 million to find a vehicle that he/she is receiving repairs from the victim C (n, 57 years of age) located in Seocho-gu Seoul Metropolitan Government (hereinafter “C”), at the home of the victim C (V) located in Seocho-gu, Seoul.

The loan of money will be paid in the amount of KRW 100,00,000 for children's openings in the middle of April.

“A false representation was made.”

그러나 사실 피고인의 아들은 탤런트도 아니었고, 당시 강릉 교도소에 수용되어 있었기 때문에 4월에 나올 아들의 개런티도 없었으므로 피해 자로부터 금원을 빌리더라도 이를 변제할 의사나 능력이 전혀 없었다.

Nevertheless, the Defendant was paid KRW 25 million from the injured party on March 7, 2017 and the charges charged on March 8, 2017. However, according to the certificate of transfer confirmation (the investigation record 6, 7 pages), 3 million won is deemed to have been paid on March 8, 2017, and even if it is said that such change does not interfere with the Defendant’s right to defense, the Defendant’s criminal facts should be corrected ex officio.

The delivery of KRW 25 million was received.

2. On March 16, 2017, the Defendant found the above victim’s house at around the same time, and “it is difficult to impose a fine or a fine on the children’s taking of the house.”

The State shall pay a fine of KRW 9 million as if you were to do so.

“A false representation was made.”

그러나 사실 피고인의 아들은 탤런트가 아니었고, 당시 강릉 교도소에 수용되어 있어 4월에 나올 개런티도 없었으며, 피고인은 채무 과다로 다른 사람들 로부터 돈을 빌려 돌려 막기를 하고 있는 상황이었기 때문에 피해 자로부터 금원을 차용하더라도 이를 변제할 의사나 능력이 없었다.

Nevertheless, the Defendant received KRW 9 million from the injured party on the same day.