A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal records] On April 11, 2013, the Defendant was sentenced to five years of imprisonment for a crime of fraud and a violation of the Control of Illegal Check Act at the Busan District Court on May 6, 2013, and the judgment became final and conclusive on May 6, 2013. On November 28, 2014, the same court was sentenced to six months of imprisonment for a crime of fraud and the judgment became final and conclusive on April 21, 2015.

[Criminal facts] The defendant is a person who has operated a new manufacturing business under the trade name of "D" in Busan Seo-gu.

From around 2010, the Defendant began to pay the debt by means of the reduction of sales amounting to 2 billion won. The Defendant paid the amount borrowed from others, by issuing checks and bills, and with the discounted amount of the amount borrowed from others. Since there was a large amount of debt, the Defendant did not have the intent or ability to pay the amount even after borrowing the money from the victim E.

On October 3, 2010, the Defendant, at the office of G Co., Ltd., operated by the injured party located in F of Busan, Seo-gu, Busan, stating that “The Defendant shall make payment within one month if he/she lends to the injured party any part of the amount to be paid on the payment date of promissory notes, as the amount to be paid falls short of 350 million won on the payment date of promissory notes,” and the Defendant’s payment

4. From the time of receiving the remittance of KRW 150 million to the Busan Bank account (Account Number H) in the name of the Defendant, the Defendant obtained a total of KRW 50 million over six times from December 6, 2010, such as the list of crimes in the annexed sheet, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor and the police for E;

1. A police investigation report (a witness I telephone statement);

1. A written complaint, a certificate of confirmation of transfer of Internet banking, a written judgment (201 highest 5182), a previous conviction in the appellate court judgment: (A) a inquiry letter, such as criminal history, and a reply letter, a prosecutor's investigation report (including attachment of the same criminal record and the judgment of the suspect), and the results of the conet search of cases, applying statutes;

1. The former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 11304, Feb. 10, 2012) for criminal facts.