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 April 16, 2014, the Defendant was sentenced to a suspended sentence of two years for six months as a crime of fraud in the Dong branch of the Busan District Court. On April 24, 2014, the above judgment became final and conclusive.

【Criminal Facts】

On November 8, 2012, the Defendant stated that “The Defendant would pay 5% interest per month to the victim of D entertainment tavern operated by the victim C in Suwon-gu, Busan in order to offer 10% of the advance interest for business and to lend money to the victim.”

However, at the time of fact, at the time of the Defendant’s repayment of the obligation with a personal obligation and loan amounting to KRW 80 million without any particular property, the Defendant had been paying the obligation in the way of “defluencing” as to the repayment of the existing loan with another loan, and had been spent at least KRW 2 million per month with interest on the loan, so there was no intention or ability to pay the obligation as agreed even if the Defendant borrowed money from the victim.

As above, the Defendant, by deceiving the victim and deceiving the victim from the victim to transfer the sum of KRW 4.5 million on the same day, and KRW 13.5 million on December 24, 2012, including KRW 9 million, to the account, such as a bank, under the name of the Defendant E bank, etc. on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Loan certificates, details of the withdrawal and withdrawal transactions of bankbooks, investigation reports (related to details of deposits and withdrawal transactions under the name of a suspect), details of transactions of deposits and withdrawal, and credit information history;

1. Division: Application of Acts and subordinate statutes to criminal history records, inquiry reports, investigation reports (attached to list of suspect-related cases, etc.);

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. The sentence shall be determined as ordered in consideration of the contents of deception of reasons for sentencing under Article 62(1) of the Criminal Act, the circumstances in which the victim borrowed money, the latter part of Article 37 of the Criminal Act concurrent relations, etc.;