A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal history] The Defendant was prosecuted on May 30, 2016 by the Seoul Western District Court on the charge of fraud, and is still pending in the appellate trial.

[2] Around November 2002, the Defendant prepared a written statement of repayment of KRW 100 million to the victim C, but failed to comply with the written statement, and around October 25, 2014, the Defendant needs to pay KRW 35 million to the victim in a mutual influence near the Incheon Jung-gu subway No. 1, Jung-gu, Incheon.

Along with the loan of money, a false statement was made that “to purchase a new letter of credit and repay the money to the money borrowed prior to the sale.”

However, in fact, in light of the fact that around 2009, the damage amount of the fraud incident amounting to KRW 150 million, and KRW 6690,000 for the supply price of the new materials around November 201, 2013, even if the new purchase was made by lending money from the injured party without any special property or income, it is unclear that the sales network to sell the money has not been secured, so the profits have no intention or ability to pay the victim's money with such profits.

The Defendant received KRW 3,80,000 from the injured party to the national bank account in the name of D used by the Defendant, and acquired KRW 90,717,50 from October 8, 2014 to April 5, 2016, as shown in the list of crimes in the annexed crime, including the remittance of KRW 3,80,00 from the injured party to the borrowed bank account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Three copies of each payment;

1. A copy of a passbook, details of account transactions, details of tax on the use of Samsung Card, and details of account transactions;

1. Character messages and data;

1. Application of Acts and subordinate statutes to a process deed and a loan certificate;

1. Relevant legal provisions, Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The Defendant’s reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravation of Concurrent Crimes is against the time of committing the instant crime.

However, the defendant acquired money from the damaged person for a long time, and the amount acquired by the defrauded is small.