A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

[Criminal record] On May 28, 2016, the Defendant was sentenced to a suspended sentence of two years for fraud at the Incheon District Court on August 28, 2016, and the judgment became final and conclusive on June 4, 2016.

[Criminal facts] On January 1, 2013, the Defendant: (a) around 1, 2013, became aware of at the coffee shop located in Gangnam-gu Seoul, Gangnam-gu, for the victim B, who was a social ship, “it is necessary to open the Ghana in Indonesia.”

The payment of KRW 20 million was made by false means in one month of the loan.

However, the Defendant, without any particular property at that time, was only liable for a limited amount of KRW 90 million, and the Defendant was indicted for fraud that acquired KRW 30 million from another person and continued trial. The Defendant did not use the money borrowed from the injured person for the Indonesia project, and all of them thought to be used for the Defendant’s personal repayment and gambling fund, and thus, there was no intention or ability to repay the money even if the Defendant received KRW 20 million from the injured person.

On January 7, 2013, the Defendant acquired 20 million won from the damaged person to the Cit Bank account under the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Contents of the message and receipt for sending the message;

1. Previous convictions: A reply to inquiries, such as criminal history, and the application of applicable Acts and subordinate statutes concerning fraud;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Taking into account the reason for sentencing under Article 62(1) of the Criminal Act, the amount of fraud and the circumstances leading up to the crime, and the fact that part of the amount of damage has been repaid, the punishment as set forth in the text shall be determined by taking into account the equity in the case where the judgment of the court is