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

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

On January 27, 2010, the Defendant was sentenced to a suspended sentence of one year and six months for the crime of occupational embezzlement at the Seoul Central District Court, and the said judgment became final and conclusive on February 4, 2010. On March 12, 2010, the Seoul Central District Court sentenced a suspended sentence of two years to ten months for the crime of fraud, which became final and conclusive on March 20, 2010, and on August 26, 201, the said judgment became final and conclusive on September 3, 201.

At the time of February 2009, the Defendant was liable to pay approximately KRW 30,000,000 for personal debts, and there was no fixed income, and there was no intention or ability to pay the full amount with others even if they borrowed money.

Nevertheless, around February 2, 2009, the Defendant received KRW 30,000,00 from the son under the pretext of assisting the Defendant to obtain a secured loan. It made a false statement to the effect that “The Defendant shall return this money to the son because there is a shortage of KRW 20,000,000 at present. It is a difference in the amount of KRW 20,000,000, and shall be repaid without money.”

The Defendant received 20,000,000 won from the victim, namely, from the victim, for the purpose of borrowing money.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A certificate of borrowing money;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the suspect's same kind of power);

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act has the record of being punished for the same crime even before the crime of this case, and the amount of damage caused by the crime of this case is substantial.