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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal record] On January 12, 2018, the Defendant was sentenced to one year of imprisonment for a crime of fraud in the Daejeon District Court’s Incheon District Court’s Branch, and the said judgment became final and conclusive on April 25, 2018.

[2] On October 2014, the Defendant: (a) obtained a loan from the victim C to sell a building within the limit of KRW 16 million in return for the remainder of KRW 16 million in return for a telephone call from the victim C; and (b) received a loan from the victim C to repay the loan after three months.

“A false representation was made.”

However, in fact, the defendant did not have any idea to receive an auction of the building, and not only did he had any personal debt of 100 million won or more without any special property at the time, and since it was difficult to cope with living expenses and interest obligations, he did not have any intent or ability to repay such debt even if he borrowed money from

Nevertheless, on October 28, 2014, the Defendant, by deceiving the victim as above, received money of KRW 15.6 million from the Defendant’s Nonghyup Bank account (E) to remittance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. A copy of a loan certificate and a detailed statement of transactions of admission and withdrawal;

1. Previous convictions in the judgment: Investigation report (A's appellate judgment in the case of fraud), each judgment, and the application of Acts and subordinate statutes making inquiries about criminal history;

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. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. Article 62 (1) of the Criminal Act suspended execution (the fact that the defendant was sentenced to one year to imprisonment with prison labor for other fraudulent crimes is as shown in the records of the crime in the judgment, taking into account the equity between the case and the case at the same time when the principal crime is adjudicated, and taking into account the fact that the victim does not want the punishment of the defendant in agreement with the victim);