A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On February 5, 2016, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the District Court, and the judgment became final and conclusive on February 13, 2016.

On November 15, 2012, the Defendant made a false statement to the effect that “Around November 15, 2012, the Defendant borrowed KRW 50 million with business funds and paid monthly interest of KRW 30% per annum, and the principal will be paid after one year.”

However, in fact, the Defendant was a bad credit holder due to the Defendant’s financial burden of KRW 100 million, and the Defendant was thought to use the money borrowed from the damaged party as a marriage expense, and thus, the Defendant did not have any intent or ability to repay the money even if she borrowed money from the damaged party.

As such, the Defendant, by deceiving the victim, received 50 million won from the victim to the national bank account (F) in the name of E, the father of the Defendant on the same day, from the victim, under the name of the father of the Defendant, and took over 50 million won from that time to December 17, 2012, and acquired 60,80 million won in total from that time through the above account four times as shown in the list of crimes in attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. A complaint;

1. Details of financial transactions, a copy of a fair deed, and a statement of account transactions;

1. Investigation reports and Stockholm content;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a response to inquiries, investigation reports, and copies of the judgment, such as criminal history, investigation reports, and inquiry of cases;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing of Article 62(1) of the Criminal Act under the suspended sentence is that the amount of damage to the crime of this case is not significant, and that most of the damage is not recovered, and the defendant is identical.