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

Punishment of the crime

[Criminal Power] On May 30, 2012, the Defendant was sentenced to a suspended sentence of six months for fraud at the Seoul Northern District Court, and the said judgment became final and conclusive on June 7, 2012.

【Criminal Facts】

On April 2012, the Defendant stated that “In the office of a private teaching institute of the operation of C in Busan Dong-dong-si, Busan, the Defendant would pay the victim D 4 months later than 40 million won, instead of paying the debt 40 million won that the Defendant owes to the said C.”

However, in fact, the defendant operated the interior Corporation at the time, but there is no accepted construction work, and even if the victim had no income or property to repay the debt on behalf of the defendant, he did not have the ability to pay it.

Nevertheless, on April 25, 2012, the Defendant: (a) by deceiving the victim as such; (b) had the victim transfer the sum of KRW 36 million to the F account in the name of the father E of the said C; (c) 30,12,000,000 won for the said month; and (d) had the victim pay KRW 4 million in cash to C on May 16, 2012; and (c) had the victim repay the Defendant’s debt amount of KRW 40,000 to C in lieu of the Defendant’s debt amount of KRW 40,000 to C.

Summary of Evidence

1. A protocol concerning the examination of the accused by the prosecution (including parts concerning D and C statements);

1. A protocol concerning the police investigation of the accused (including parts concerning D or C statements);

1. Statement of each police statement regarding D;

1. Original copy of notarial deed and copy of passbook;

1. Previous records: References to inquiries, application of a copy of the judgment, and statutes;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. The size of the reason for the fraud of the sentencing of Articles 37 (latter part) and 39 (1) of the Criminal Act, the circumstances leading to the crime of this case, the criminal records of the defendant, living relationship, living relationship, and the expected balancing in the case of a judgment which became final and conclusive, etc. shall be determined as set forth in the text of the Criminal Act.