A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On January 17, 2014, the Defendant was sentenced to eight months for fraud and embezzlement in the Sungnam branch of the Suwon District Court, and the said judgment was finalized on January 25, 2014.

On October 26, 2012, the Defendant: (a) on October 26, 2012, the fact in the E pension of the Victim D in Gyeonggi-gun, Gyeonggi-gu, Gyeonggi-do, was under the commencement of the voluntary auction procedure on October 9, 2012; and (b) did not carry out the projects for the creation of Lynam-gun; and (c) even if the Defendant borrowed money from the victim without the right to exercise the right to operate the water skiing, the Defendant borrowed money from the victim, he/she did not have the intent or ability to return the borrowed money to the victim until November 20, 2012, the Defendant borrowed the money from the victim. However, the Defendant: (a) on the part of the water skiing site, water swimming pool, and incidental pool will be installed; (b) on the loan of KRW 12 million, the Defendant acquired the money from the Defendant to the effect that he/she would return the right to operate the skiing by November 20, 2012; and (c) on the loan account of 12000 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Statement made to D by the police;

1. Search of a copy of the details of transactions, a copy of the trade statement, a copy of the register, and auction data;

1. A report on investigation (a report on the statement of the I for reference);

1. Previous records: Criminal records, investigation reports (report attached to judgments), and application of court rulings and other statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reasons for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act are the time when the defendant committed the crime, and the case concerns the crime before the judgment on January 17, 2014, which was sentenced in the crime of fraud and embezzlement, becomes final and conclusive, but the victim wants to punish the defendant.