A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 14, 2019, the Defendant was sentenced to a suspended sentence of four months of imprisonment for fraud at the Daejeon District Court on February 14, 2019, and the said judgment became final and conclusive on February 22, 2019.

On November 26, 2015, the Defendant made a false statement to the Seo-gu Daejeon, Seo-gu, Daejeon, and the Dispute Resolution D Office, that “The Defendant ordered the victim E to pay scrap iron at the factory in order to carry on historical property in Chungcheongnam-gun, Chungcheongnam-gun, and the lack of business funds. When lending money, the Defendant would complete payment up to February 29, 2016.”

However, in fact, the Defendant was not only liable for the financial debt equivalent to KRW 10 million at the time, but also had no intent or ability to repay the debt even if the Defendant borrowed money from another person to the extent of making a high-water transaction by borrowing money from another person.

Nevertheless, the Defendant, by deceiving the victim, received KRW 19.4 million from the victim to the Agricultural Cooperative Account in F on November 27, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Each investigation report;

1. A complaint, protocol of settlement, etc., a certificate of borrowing, a business registration certificate, a payment note, a payment order, etc., credit information history, account transaction records, including a sales contract, etc., business closure certificate, standard contract for loan transaction, and a certificate of deposit and withdrawal transaction;

1. Previous records of judgment: Criminal records, investigation reports (Attachment to previous records and written judgments, etc.), application of statutes governing judgment;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and 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 (Article 62 (1) of the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) shall be taken into consideration in favor of the accused, such as the circumstance that the liability for the crime was committed in light of the background of the crime and the amount of deception, etc. of the crime in this case, the victim does not want