A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On October 11, 2013, the Defendant was sentenced to six months of imprisonment with prison labor at the Changwon District Court for fraud and two years of suspended execution, and the said judgment has become final and conclusive on the 19th of the same month.

On July 7, 2011, the Defendant made a false statement to the effect that “If he/she lends money to B, he/she would have the right to receive the payment of the money, he/she would have the right to receive the payment of the money, and will receive the value of the right to receive the payment later.” In addition, he/she made a false statement to the effect that he/she would have borrowed money to B and would have the bank receive a higher interest than the one to whom he/she would receive.”

However, at the time, the defendant was liable for a debt amounting to 20 million won, and even if he borrowed money from the victim without any special property, he did not have the intention or ability to pay interest, or to pay the borrowed money.

As such, the Defendant, including deceiving the victim, and receiving KRW 4 million from the victim on July 15, 201, transferred money from the victim on July 15, 201, and, from that time to February 3, 2012, acquired 60,100,000 won by transfer over a total of 20 times, such as the list of crimes in attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Details of transactions in complaint forms and passbooks;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (report accompanied by a copy of judgment);

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, 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 reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] [the grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50] There is no basic area (6 to 100 million won) (6 to 16 months) [the decision of sentencing] [the decision of sentencing] [the decision of sentencing] considering the fact that the amount acquired through the crime of this case exceeds 60 million won, the damage reimbursement has not been made for more than 3 years after the crime is inevitable: Provided, That it is the case of fraud