A defendant shall be punished by imprisonment with prison labor for up to six 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

[criminal power] On December 12, 2017, the Defendant was sentenced to a suspended sentence of two years for a period of eight months in the Changwon District Court Branch for criminal fraud. On December 20, 2017, the judgment became final and conclusive.

【Criminal Facts】

Around October 19, 2016, the Defendant stated that “A victim C operates a YY Haman-si B market in Changwon-si, Changwon-si, Changwon-si, “The 10th anniversary of October, 2016, the Defendant would be a money if she purchased digging to another business entity and supplied them again.” In order to purchase digging, the Defendant must be wald, and a large amount of money will be borrowed and borrowed money.” On October 24, 2016, the Defendant stated that “In so doing, fals and material costs will be loaned money.” to the victim before the Defendant’s residence located in Changwon-si, Changwon-si, Changwon-si, Changwon-si, the Defendant called that “The victim would be engaged in digging, and fals and material costs will be borrowed money d. Da.”

However, in fact, the Defendant had a debt equivalent to KRW 200 million at the time, and was thought to be used as gambling funds, repayment of debts, living expenses, etc. with the money received from the victim, so there was no intent or ability to repay the money even if it was borrowed from the victim.

The Defendant, by deceiving the victim as above, received KRW 40,000,000 on the same day from the victim’s account in the name of the Defendant, and acquired KRW 30,000,000 in total by remitting KRW 30,000 on October 24, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Details of deposits and transactions;

1. Previous convictions in judgment: Application of Acts and subordinate statutes for investigation reports (verification of latter concurrent crimes);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. The scope of the recommended sentencing guidelines set forth in Article 62(1) of the Criminal Act is one month to one year of imprisonment.

In the case of a case, the above criteria are not applicable to the latter concurrent crimes, but it is decided to refer to the case.

It is highly damaged.

However, the defendant is guilty.