A defendant shall be punished by imprisonment for one year.

However, 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

[Criminal Power] On November 20, 2008, the Defendant was sentenced to four years of imprisonment for fraud, etc. at the Seoul Central District Court on November 20, 2008, and the above judgment became final and conclusive on May 5, 2009.

【Criminal Facts】

On March 1, 2007, the Defendant made a false statement to the victim D, stating that “The Defendant will make payment six months later if he/she borrowed money.”

However, in fact, the Defendant did not have any specific property at the time due to bad credit standing, and was under circumstances where the Defendant repaid his/her debt with the borrowed money from another person, such as repaying the borrowed money from another person. Since he/she was able to use the borrowed money from the victim to repay other debts, he/she did not have any intent or ability to repay the borrowed money even if he/she borrowed money from the victim.

The Defendant received KRW 13.5 million from the victim on March 9, 2007, KRW 30 million on the 13th day of the same month, KRW 9 million on the 14th day of the same month, KRW 9 million on the 15th day of the same month, KRW 18 million on the 27th day of the same month, and KRW 38.5 million on the 27th day of the same month to the national bank account in the name of the Defendant’s wife E (F) and received KRW 18.5 million on the 30th day of March 2007.

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

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. A letter, a detailed statement of ordinary deposits, a copy of a bankbook, and a written confirmation;

1. A criminal investigation report (Submission of details of transactions between complainants and withdrawals), and a reference sheet requesting details of transactions not requested;

1. Previous convictions: The application of Acts and subordinate statutes to criminal records and investigation reports (the confirmation date of the date of release);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. Reasons for the sentencing of Article 62(1) of the Criminal Code of the suspended execution [the scope of recommending punishment] general frauds amounting to not less than 100 million won, and 500 million won.