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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal records] On May 23, 2018, the Defendant was sentenced to one year of imprisonment for fraud at the Incheon District Court, and the judgment became final and conclusive on May 31, 2018.

[Criminal facts] The defendant, around February 18, 2008, lent the principal and profits to the victim B at the mutual infinite coffee shop near the Gangnam-gu Seoul Metropolitan Government in order to pay the principal and profits to the victim B.

The phrase “ makes a false statement.”

However, the defendant did not have any intention or ability to repay money from the damaged party, such as he was unable to repay KRW 100 million with C.

The Defendant received from the injured party the sum of KRW 50 million, around February 18, 2008, around KRW 50 million, around February 19, 2008, KRW 30 million around February 19, 2008, KRW 500,000 around February 25, 2008, and KRW 3.2 million around February 29, 2008.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B and G;

1. A written agreement on attracting and using funds, and inquiry table, name tag, etc. of requests for details of transactions in demand;

1. A copy of the self-examination protocol (B, H) or a copy of the statement protocol (I);

1. To inquire about the facts of business closure, certificates of full registration matters, certificates of personal financial transactions, certificates of deposit transactions, and records of each liquidity transaction;

1. Two copies of the investigation report (verification of the suspect A's K credit information), response to a request for cooperation in an investigation, investigation report (to listen to the reference L phone), investigation report (M related), investigation report (tel related), E bank reply details, and N Cooperatives reply details;

1. Previous convictions: Criminal history inquiry, investigation report (a single concurrent confirmation after Article 37 of the Criminal Act), inquiry into the KICS case, Incheon District Court 2017 High Order 7072 High Order, and the Incheon District Court 2018No12 [The defendant and his defense counsel engaged in agricultural products distribution business by receiving investment from the damaged party, and the injured party has already recovered the amount of investment money from the defendant, so there is no intention to acquire it by fraud.