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

Punishment of the crime

On May 13, 2015, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Seoul Southern District Court, and the judgment became final and conclusive on August 19, 2015.

On January 26, 2015, the Defendant would grant the victim D the interest of 5% on the loan of 25 million won to the victim and the right to construct a new complex building near the port of exit 8 adjacent to the port of exit.

“A false representation was made.”

However, since the Defendant did not have any property or income, even if he borrowed money from the injured party, the Defendant did not have the intent or ability to repay the principal and interest even if he borrowed money from the injured party, and the Construction Corporation of the Complex Building in the State that the Defendant had tried to implement at the time was unable to normally proceed due to the failure of investment, so the victim did not have the intent or ability to grant the right

As above, the Defendant: (a) by deceiving the victim as above; and (b) transferred the victim’s money as a loan borrowed from the victim; (c) KRW 10 million on January 27, 2015; (d) KRW 10 million on January 28, 2015; and (e) KRW 25 million on January 30, 2015 to the Defendant’s veterinary cooperation account (E).

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning the accused, in the second-time police interrogation protocol, D or F of the suspect interrogation protocol;

1. Statement made by the police against D;

1. Copies of promissory notes, borrowed money instruments, certificates of seal impression, and certificates of deposit transactions;

1. Each investigation report (record one sphere, not more than 62 pages, not more than 7 pages, not more than 87 pages, not more than 97 pages, not more than 104 pages, not more than 122 pages);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of crime record);

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

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: Provided, That the circumstances unfavorable to the reasons for sentencing of Article 39(1) are more favorable than that of the same kind of criminal records, and the damage has not been recovered.