A defendant shall be punished by imprisonment for not less than eight 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 June 26, 2013, the defendant was sentenced to the suspension of the execution of the imprisonment of 8 months for fraud in Busan District Court's Dong Branch, and the judgment became final and conclusive on November 22, 2013.

On June 29, 2008, the Defendant stated that “The Defendant shall pay 50,000 won interest at the rate of KRW 50,000 per month to the victim B, who is a branch in the Nam-gu, Busan, Seo-gu, Busan, for the purpose of borrowing money in connection with his business.” On July 29, 2008, the Defendant was transferred from the victim to the account in the name of C, which is the Defendant, for the purpose of borrowing KRW 10 million.

However, the Defendant did not have any particular property or income at the time. The Defendant was in a situation in which the freezing and wholesale retail business of her husband was operated in full, and the interest agreed upon by the victim was under the prompt name of the victim, which is paid as the additional borrowed money from the victim, and thus, there was no intent and ability to repay the money even if borrowed money from the victim.

Accordingly, the Defendant, including by deceiving the victim as above and receiving KRW 10 million from the victim, received the total amount of KRW 79 million from around that time to February 24, 2009, as shown in the separate crime list, and obtained it as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (report accompanied by a written judgment) Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

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

1. The following circumstances and the reasons for sentencing under Article 62(1) of the Criminal Act (a favorable consideration of the reasons for sentencing below) are as follows: