A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal Power] On September 18, 2019, the Defendant was sentenced to imprisonment for a crime of fraud at the Changwon District Court for two years and four months, and the judgment became final and conclusive on September 24, 2019.

【Criminal Facts】

Around January 2015, the Defendant made a false statement to the victim B, stating, “I will pay the victim with interest, if I want to lend money to the business entity, as I want to receive money,” at a cafeteria with the mutual influent restaurant located in Seongbuk-gu, Changwon-si, Changwon-si.”

However, in fact, the Defendant did not have any particular property or income at the time, and was a bad credit holder who bears approximately KRW 30 million, and was under arrest warrant in a separate case. Therefore, even if he borrowed money from the victim, there was no intention or ability to repay it.

The Defendant had the victim withdraw cash from February 13, 2015 to June 25, 2015, and received approximately KRW 24 million among them as indicated in the annexed crime list. Around March 2016, the Defendant received KRW 1 million in cash and acquired KRW 25 million in total.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation reports (Attachment of details of transactions submitted by the complainant) and investigation reports (to hear statements of the victim and submit materials);

1. Details of conversation between the suspect-appellant and the Kakao Stockholm, and cash withdrawal details;

1. Previous convictions: Criminal records, investigation reports (verification of cases for which a suspect's judgment has become final and conclusive), judgment, and application of Acts and subordinate statutes to the agreement of cases;

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 reason for sentencing under the latter part of Article 37 of the Criminal Act and Article 39(1) of the Criminal Act is that the fraud of this case is considerable is unfavorable.

However, it is necessary to consider the defendant's age, character and behavior, environment, and equity when the defendant makes a confession of the crime of this case and the mistake is divided.