A defendant shall be punished by imprisonment for six months.

Criminal facts

[criminal power] On January 17, 2013, the Defendant was sentenced to four months of imprisonment for fraud, etc. at the Seoul Western District Court and eight months of imprisonment, and completed the execution of the sentence on the same day. On April 1, 2016, the Seoul Northern District Court sentenced one year and four months of imprisonment for fraud at the Seoul Northern District Court, which became final and conclusive on October 27, 2016.

【Criminal Facts】

On June 22, 2015, the Defendant made a false statement to the victim B that “The Defendant would pay KRW 100 million including interest on the loan of the business fund to the victim B, while lending the business fund. In the event that the Defendant is unable to repay the borrowed money, the Defendant would offer the right to sell the loan No. D, which is part of the construction project, until December 20, 2015.”

However, since the Defendant did not have any special property or fixed income, even if he/she borrowed money from the victim for business purposes, there was no intent or ability to repay it, and it was impossible to complete the construction due to the suspension of the construction before the several months of the loan called the construction at the time, and the Defendant did not have any intention or ability to transfer the right to sell the loan because he/she was not the owner of the loan and the site.

As such, the Defendant, by deceiving the victim, received 60 million won from the victim through an account in the name of one bank E (Account Number:F) on June 24, 2015, and acquired it by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The police statement concerning B;

1. Details of remittance transactions attached at the end of the police statement with respect to E, the authentic copy of the authentic deed, and a letter of statement;

1. Previous convictions in judgment: Investigation reports (Attachment of written judgments against suspects), investigation reports (lists of relevant cases and binding of court rulings), personal confinement status, and application of Acts and subordinate statutes concerning criminal records;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes: Article 347 (1) of the Criminal Act;

1. Aggravation of repeated crimes: Article 35 of the Criminal Act;

1. Concurrent Handling: The latter part of Article 37 and Article 39(1) of the Criminal Act;