A defendant shall be punished by imprisonment with prison labor for up to six 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

【Criminal Records of Crimes】 On October 20, 2017, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Eastern District Court, and such judgment became final and conclusive on October 28, 2017.

【Criminal facts of the Defendant stated that “The Defendant would pay money monthly in the form of monthly wage every week so that he/she may take over and operate Mat in the name of a party” at a closed place on July 2016, and around that time, he/she took over and operated “EMt” located in Pyeongtaek-si D, and then called that “the Defendant would pay money immediately after receiving KRW 10 million from the victim under the name of the party in need of urgent money,” and that “the money for Mat operation is required any more” from the victim around October 6, 2016.” On the 20th of the same month, the Defendant called the victim again on the 20th of the same month.

It was false to the effect that “I will immediately repay 30 million won in the name of the party to the loan.”

However, in fact, from around 2014, the Defendant operated a set at the same time in a state without any particular property, and operated the set with another person’s funds at all times by means of a mother and child return prevention, and was liable for a debt equivalent to KRW 0,000 at the time, and there was no fixed profit through the operation of the set, and thus there was no intention or ability to repay the loan even if it was used with the above loan under the name of the victim.

Around October 6, 2016, the Defendant had the victim borrow KRW 10 million in the name of the victim from HK Savings Bank in the name of the victim, and had the victim borrow KRW 30 million in the name of the victim around October 20, 2016, and had the victim borrow KRW 40 million in the name of the victim by getting the victim borrow KRW 30 million in the name of the victim at least twice in the name of the victim, and acquired the above loan by means of using the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Account details in the name of the complainant, a fair deed, and