A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 24, 2016, the Defendant was sentenced to six months of imprisonment (two years of suspended execution) and four months of imprisonment in the Incheon District Court for fraud, and the sentence became final and conclusive on July 13, 2016.

On July 31, 2015, the Defendant: (a) contacted the victim C through B at an unsound place on contact with the victim on July 31, 2015, stating that “If he/she is under the restraint of his/her birth, he/she would, within one month, repay the principal and interest thereof and seek a job related to real estate enforcement business,” and (b) he/she received KRW 20 million from the victim who believed it as a fact from the victim to the account in the name of the Defendant’s child, under the pretext of borrowing money; (c) if he/she borrowed KRW 10 million from the Defendant’s child at the same place on August 11, 2015 through B in the same manner, he/she would have repaid the principal and interest thereof within one month; and (d) in fact, he/she received KRW 10 million from the victim to the account in the name of the Defendant’s child in the name of the borrower on the pretext of borrowing money; and (d) received KRW 30 million from the victim.

However, at the time, the Defendant did not intend to repay the principal and interest as agreed to by the victim, and did not have any fixed income generated on a certain occupation or on a regular basis, and did not have the ability to repay the principal and interest at the agreed due date, and there was no intention or ability to seek jobs related to the real estate enforcement business.

Accordingly, the defendant deceivings the victim and defrauds 30 million won through two times.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of Acts and subordinate statutes to investigation report (the confirmation date) to C’s statement;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62(1) of the Criminal Act: