A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal power] On May 2, 2013, the Defendant was sentenced to two years of suspension of the execution of imprisonment for fraud at the Seoul Central District Court on August 2, 2013, and the judgment became final and conclusive on May 10, 2013.

【Criminal Facts】

On October 27, 2010, the Defendant borrowed 200 million won to the victim E at the Gangnam-gu Seoul Metropolitan Government Office (State) D on October 27, 2010, to repay all principal within two months if he/she borrowed 200 million won as he/she urgently needs to pay funds to the company run within the city. From the company to the company after four weeks, there is no problem in repaying the principal two months after the immediately preceding, and received 200 million won from the victim to the Defendant’s national bank account on the same day.

However, the Defendant, around that time, did not have the ability or intent to pay to the victim two months later, even if he/she borrowed money from the victim, since the sum of financial rights obligations, such as marina loan, and credit card delayed payment was several million won, and the Defendant did not pay retirement pay to the retired workers of the company as well as 22 million won.

Accordingly, the Defendant, by deceiving the victim as above, received 200 million won from the victim and fraudulently acquired it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A copy of a bankbook, a copy of promissory note, and a notarial deed;

1. Previous convictions in judgment: Criminal records, case inquiry, and application of respective Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election 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 (Article 62 (1) of the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the Criminal Act), such as the fact that the money acquired by the defendant is deposited for the repayment of damage, the fact that the defendant recognizes his/her mistake and reflect