A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal record] On March 30, 2017, the Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud, etc. at the Incheon District Court, which became final and conclusive on April 17, 2017.

[Criminal facts]

1. On August 25, 2016, the Defendant made a false statement to the victim E at an insurance agency office in Seocheon-si B and C heading D, stating that “A loaning KRW 20 million to the victim E shall be used for one week, and two to three percent interest shall be given, and even before the loan, D shall be paid immediately if requested by D.”

However, in fact, the Defendant did not have any particular property or regular income, and even if he borrowed money from another person, he did not have any intention or ability to repay the interest and principal, since he had been making a repayment of the principal and interest with money borrowed from another person.

As above, the Defendant got the victim from the victim and acquired the victim by remitting KRW 20 million from the victim.

2. On September 5, 2016, the Defendant made a false statement to the victim E, stating that “In addition, KRW 20 million loaned KRW 20 million to the victim E, the Defendant would make a repayment by adding up 2-3% interest to the amount borrowed before transfer within 2-3 days from the face of a week.”

However, the defendant did not have any intent or ability to pay principal and interest even if he borrowed money from the damaged person, such as the above Paragraph 1.

As above, the Defendant got the victim from the victim and acquired the victim by remitting KRW 20 million from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A complaint, a certificate of confirmation of transfer by eachF bank, and a cash consumption and lending contract;

1. Previous convictions in judgment: Inquiry about criminal history, report on investigation (the indictment of the relevant case and attachment of the judgment) and application of the text of the judgment;

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

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

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.