A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 2, 2016, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Daegu District Court on September 2, 2016, and the judgment became final and conclusive on October 12 of the same year.

Criminal facts

On July 18, 2012, the Defendant introduced that the victim C was in the studio building construction site located in Gyeong-si, Gyeongbuk-si, Gyeong-si, Gyeongbuk-do and introduced that the above building was owned by the Defendant, and on the 18th day of the same month, the Defendant would complete the interest and principal with respect to the victim’s “in order to complete the studio building, the principal shall be repaid to the victim within one month if it is necessary to pay the money.

“Along with the same day, the Plaintiff was transferred KRW 10 million to the Agricultural Cooperative Account in the name of the Defendant.”

On July 20, 2012, the Defendant continued to lend money to the victim the same amount as the principal after the month.

“Along with the same day, the Plaintiff was transferred KRW 10 million to the Agricultural Cooperative Account in the name of the Defendant.”

However, the Defendant did not own a studio building in the process of construction, and even if he borrowed money from the injured party, he thought that he would use it as personal debt repayment and living expenses, and therefore did not have the intent or ability to repay the borrowed money to the injured party.

As such, the Defendant, by deceiving the victim, received a total of KRW 20 million from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A certificate of borrowing money;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] general fraud (less than KRW 100 million). In the mitigated area (one month to one year), where punishment is not granted or where considerable damage was recovered [the case where a person subject to special mitigation], or where punishment is not granted or where considerable damage was restored to a certain part, the crime is not good.