A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 23, 2009, the Defendant was sentenced to two months of imprisonment and one year and two months of imprisonment in the Ulsan District Court for fraud, and the judgment became final and conclusive on December 19, 2009.

The defendant has a bad credit standing amount of KRW 100 million, personal debts equivalent to KRW 120 million, etc., and even if the defendant borrowed money from the victim B on the pretext of aggregate business from a person who has no other property, as well as KRW 60 million, the defendant did not have an intention or ability to repay the money.

1. Around December 17, 2008, the Defendant deceivings the victim to the effect that “D” in the operation of the victim in Yong-gun, Young-gun, Young-gun, Inc., “If the victim lends KRW 30 million to be engaged in aggregate business in Young-gun E, he would pay the victim the money immediately after borrowing the amount of the aggregate business.” The Defendant received KRW 30 million from the victim, i.e., the check from the victim, and acquired it by defrauded.

2. Around March 27, 2009, the Defendant, at the same place as the above 1.3.27., deceiving the above victim to the effect that “it is necessary to pay money, and if it is lent five million won, it will be used only for one month, and it shall be repaid immediately.” The Defendant, who is in this context, obtained payment from the victim as a check, i.e., five million won from the seat as a check

3. On May 10, 2009, the Defendant, at the same place as above 1.3, deceiving the above victim to the effect that “I will immediately repay 2 million won as I need to cut pine trees and extract aggregate from the north-gu, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-do.”

Summary of Evidence

1. Statement by the defendant in court;

1. The prosecutor's protocol of interrogation of the accused (including B's statement);

1. The police statement concerning B;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (report on the binding of a copy of the same type of judgment);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Article 37 of the Criminal Code among concurrent crimes.