A defendant shall be punished by imprisonment for four 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 April 5, 2012, the Defendant was sentenced to a suspended sentence of two years for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Eastern District Court on August 201, and the judgment is the same.

6.2. The judgment became final and conclusive on April 18, 2013, which became final and conclusive on November 8, 2013 after being sentenced to five months of imprisonment for fraud by the Incheon District Court.

【Criminal Facts】

On June 24, 2011, the Defendant, at the (ju) D office operated by the Defendant in Jung-gu Incheon Metropolitan City, called, “If he/she lends 20 million won, he/she will be paid within 10 days, if he/she is required to pay import customs clearance fees,” and received a remittance of KRW 20 million from the national bank account in the name of the Defendant on the day.

However, at the time of fact, the Defendant had already borrowed money from another person and had already paid customs clearance fees, and was planning to use money from the victim as living expenses, etc. when borrowing money from the victim, and was operating the above business in a proper state, and was responsible for the above business amounting to KRW 40 million with a credit card, etc., and there was no intention or ability to pay the money properly even if borrowing money from the victim.

Accordingly, the defendant deceivings the victim as above, and obtained 20 million won from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Previous convictions in judgment: Criminal records, investigation reports, case search, and application of Acts and subordinate statutes;

1. Article 347(1) of the Criminal Act applicable to the crime, 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 (Taking into account the agreed point, etc.);