The punishment of the accused shall be determined by a year of imprisonment.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On April 26, 2017, the Defendant was sentenced to eight months of imprisonment for fraud in the Hongsung Branch of the Daejeon District Court, and the said judgment became final and conclusive on August 18, 2017.

【Criminal Facts】

On November 18, 2009, the Defendant made a false statement to the victim B that “The election funds are needed to leave the election in South Korea. If the Defendant borrowed money, the interest shall be paid at 5% per month, and the principal shall be repaid with money or money generated from the C funeral hall in operation as of November 18, 2009.”

However, the Defendant, at the same time, borrowed money from a lender and a lending company, etc. to pay the money for the purpose of paying the money at the same time, and reached KRW 00 million. Since the Defendant was unable to pay the interest, even if he borrowed money from the victim in the form of a so-called “debrising”, he was thought to use it for performing obligations, other than election funds or funeral home operating funds. In comparison with the above obligations, the Defendant did not have any intent or ability to pay the money even if he borrowed money from the victim, since it was insufficient to pay other debts at the C funeral hall operated by the husband of the Defendant at a monthly rate of KRW 5 million, which is managed by the Defendant’s husband, compared to the above obligations, the Defendant did not have any intention or ability to pay it.

As such, the Defendant, by deceiving the victim, received KRW 80 million from the victim to the Nong Bank account under the name of the Defendant on the same day, and received KRW 450 million from that time to July 27, 2015, by deceiving the victim over 18 times, such as the statement in the list of crimes in the attached Table, and by remitting KRW 450 million in total.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Details of each account, notarial deed or receipt of loan;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

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