A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[Criminal record] On August 11, 2017, the Defendant was sentenced to eight months of imprisonment for fraud at the Jeonju District Court on August 11, 2017, and the said judgment became final and conclusive on October 11, 2017.

[Criminal facts]

1. On September 7, 2016, the Defendant extended KRW 40 million to the victim C at the coffee shop located in Gangdong-gu Seoul Metropolitan Government on September 7, 2016, the Defendant loaned KRW 50,000,000 to the effect that he/she will deposit his/her car to the victim C as collateral for the said car.

“.....”

However, in fact, the defendant did not have certain income or assets as a bad credit, and was liable for the debt amounting to KRW 600 million, and since the above car was in the condition that the victim could not dispose of with the vehicle that was mortgaged from the capital and the mortgage, there was no intention or ability to complete payment even if he received money from the injured party.

The Defendant: (a) by deceiving the victim as above; (b) received cash of KRW 37 million from the victim; and (c) received transfer of KRW 30 million to the corporate bank account (E) in the name of D; and (d) received KRW 40 million in total from the victim.

2. On September 10, 2016, the Defendant would pay the victim by telephone within seven days from the date of lending KRW 10 million to the victim by telephone.

“.....”

However, in fact, the defendant did not have certain income or assets, and was liable for debt amounting to KRW 600 million. Since he thought that the above money was used as living expenses or interest, there was no intention or ability to pay the money even if he received money from the injured party.

The defendant deceivings the victim as above and transferred 10 million won to the national bank account (G) in the name of the defendant or F for the same day from the victim as business funds.

3. On September 24, 2016, the Defendant: (a) by telephone from the street on September 24, 2016, KRW 20 million, including KRW 10 million, prior to lending KRW 10 million to the victim by telephone.