A defendant shall be punished by imprisonment for six months.

except that 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 February 10, 2012, the Defendant was sentenced to a suspended sentence of four months of imprisonment for fraud at the Seoul Eastern District Court on February 18, 2012, and the judgment became final and conclusive on February 18, 2012.

1. Around February 2008, the Defendant made a false statement to C through C, who is the birthee, that “If C lends money to D, 20 million won, 40,000 won per month, the Defendant would pay interest.”

However, at the time, the defendant did not have any particular income and did not have any intent or ability to pay the amount even if he borrowed money from the victim due to national tax delinquency and financial institution debts.

The Defendant, as such, by deceiving the victim, received KRW 20 million from the victim around that time.

2. Around June 27, 2008, the Defendant made a false statement to the victim D through Dong C, a birth, stating that “The Defendant would pay interest of KRW 50 million each month on a total of KRW 50 million if he/she additionally lends KRW 30 million to the victim D.”

However, the above facts did not have the intent or ability to repay even if they borrowed money from the victim.

The Defendant, as such, by deceiving the victim, received KRW 30 million from the victim on the same day.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Protocol concerning the examination of each police suspect C;

1. Statement of D police statement;

1. Details of transactions, agreements, and credit information consolidated inquiries by promissory note, reception period;

1. Previous convictions in judgment: Inquiries and inquiries, and application of each statute of the judgment;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

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

1. The crime is committed with willful negligence in sentencing of Article 62(1) of the Criminal Act, and the victim also has been recovered to the extent of damage by making repayment of the damage amounting to KRW 20 million late during the trial of this case.