A defendant shall be punished by imprisonment with prison labor for four months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

[Criminal Power] On July 12, 2018, the Defendant was sentenced to imprisonment with prison labor for six months at the Gangnam Branch Branch of the Chuncheon District Court for fraud, and the judgment became final and conclusive on July 20, 2018.

【Criminal Facts】

On November 15, 2015, the Defendant called the victim E and called the victim E to pay the principal by paying the interest of 3% per month if the Defendant borrowed KRW 10 million.

However, at the time of fact, the Defendant had no means of self-reliance, such as that the Defendant had a debt of at least KRW 600 million and all D earnings operated by the Defendant have been disbursed as interest on the Defendant’s debt, and even if the Defendant borrowed money from the other party and borrowed money from the victim so-called “commencing”, there was no intention or ability to repay it normally.

Nevertheless, the Defendant, as above, received a total of KRW 27 million from the victim in the same manner as the list of crimes in the attached Form from October 11, 2016, including by deceiving the victim and receiving KRW 10,000 from the victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A copy of a loan certificate, a certificate of transaction by member transaction account, and a copy of a repayment promise;

1. Previouss before and after judgments: Application of criminal history records, inquiry reports (Attachment of final and conclusive judgments - judgment, list of related cases) and other Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (Calculation of the fact that part of principal and interest are repaid);