A defendant shall be punished by imprisonment for not less than two 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 power] On May 17, 2018, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Suwon District Court members, three years of suspended execution, and the judgment became final and conclusive on May 25, 2018. On March 8, 2019, the Incheon District Court sentenced ten months of imprisonment for fraud, and two years of suspended execution, which became final and conclusive on March 16, 2019.

【Criminal Facts】

1. On January 31, 2018, the Defendant stated that “A real estate office operated by the Defendant in Bupyeong-gu Incheon, Bupyeong-gu shall pay money to the victim D without the mold from March 31, 2018. If the Defendant is unable to pay money at the due date, he/she would transfer the right of lease of C real estate.” However, in fact, the Defendant did not have any intent or ability to pay money even if he/she borrows money from the victim because he/she had to return to the customer the amount equivalent to KRW 20 million of the brokerage commission that he/she received at the time, and his/her personal obligation has also been 150 million won.

As above, the Defendant, by deceiving the victim, was transferred from the victim to the account in the name of the Defendant, KRW 20 million around February 2, 2018.

2. On February 25, 2018, the Defendant called the victim D by phoneing to the victim D at an irregular place to the effect that “A graduate school is to be deposited up to the due date, and if the Plaintiff borrowed 3 million won as he/she did not have any money, he/she shall be paid immediately.” However, the Defendant did not have any intent or ability to repay even if he/she borrowed money from the victim because he/she had a large amount of obligation as described in paragraph (1).

The Defendant, by deceiving the victim as above, received KRW 3 million from the victim to the account in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Previous convictions in judgment: Criminal history records, investigation reports, and court rulings in Incheon District Court shall be sentenced on December 12, 2018;