A defendant shall be punished by imprisonment with prison labor 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 June 9, 2017, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of occupational embezzlement at the Suwon District Court for the crime of occupational embezzlement, and the judgment became final and conclusive on June 17, 2017. On July 13, 2018, the same court was sentenced to ten months of imprisonment with prison labor for fraud, etc. and the judgment became final and conclusive on December 14, 2018.

【Criminal Facts】

On January 26, 2017, the suspect made a false statement to the law firm C office located in Yeongdeungpo-gu B and the fourth floor of Suwon-si, Suwon-si, and the victim D, stating that "if the construction cost is required to do so, he/she will use it only for three months if he/she lends money to the victim D.

However, at the time of fact, the Defendant had no intention or ability to repay the borrowed money from the victim because he was willing to use the borrowed money for the purpose of living expenses and repayment of debt, such as being subject to seizure of the amount equivalent to KRW 37,054,612 with respect to the Defendant’s credit card sales by the State E, etc.

Nevertheless, on the same day, the Defendant received 8.1 million won in the F Bank account (Account Number: G) in the name of the Defendant from the complainant, and received 8.1 million won in total from February 2, 2017, and transferred 16.2 million won in the name of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A detailed statement of each notarial deed, detailed statement of transactions, agency contract, real estate lease contract (H building I), detailed statement of transactions (transfer of funds), detailed statement of transactions (transfer of funds), detailed statement of transactions (transfer of funds), between the complainants-suspects, J dialogue between the complainants-suspects, photographic photographs of borrowed documents and photographs, photographic conversations between the complainants-suspects, credit information acquisition history, and bank G account transactions between A;

1. A criminal investigation report (Attachment of Certificate of Global Income Tax for a Suspect), a criminal investigation report (not less than four cards, such as K, the seizure of payments and the postponement of payment), and a criminal investigation report;