A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On December 11, 2014, the Defendant was sentenced to a suspended sentence of one year and six months for fraud, etc. at the Gwangju District Court, and the above judgment was finalized on the 19th day of the same month. On August 17, 2017, the same court was sentenced to a suspended sentence of one year for six months for fraud, and the above judgment became final and conclusive on the 25th day of the same month.

【Criminal Facts】

On December 3, 2013, the Defendant rendered a false statement to the victim B at a coffee shop located in the Seoul Northern-dong, Gwangju, stating that “I would pay the security deposit to be paid to the lessee of Crata or D. If I would lend the money to the son, I would then receive the security deposit if I would lend the money to the son, and then I would like to pay the security deposit if D is leased. I would give the right to lease as security.”

However, in fact, the defendant did not have the right to lease the C-Sa or building D as security, and even if E leases and receives the deposits in the future, there was no right to use the deposits, and there was no intention or ability to pay the borrowed money to the victim.

As above, the Defendant, by deceiving the victim, and deceiving him/her from the victim, to the Credit Union account under the E on December 3, 2013, KRW 10 million, and the same month.

5. The Defendant received KRW 9 million from the agricultural bank account in the name of the Defendant, and acquired the total of KRW 19 million.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and F;

1. A copy of a real estate lease contract or passbook;

1. Previous records of judgment: Criminal records, etc., inquiry reports and application of Acts and subordinate statutes to investigation reports (the same criminal records and confirmation of a suspect);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. Although the amount of reason for sentencing under Article 62(1) of the Criminal Act is not much significant, the fact that the defendant repents and reflects the errors, that the defendant agreed with the victim, and that the judgment of the court became final and conclusive simultaneously with each other.