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A defendant shall be punished by imprisonment for six months.
However, the defendant shall be sentenced to the above punishment for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On December 2, 2015, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution for fraud in the Changwon District Court's Seoul District Court's branch office, and the judgment became final and conclusive on June 30, 2016.
On February 14, 2015, the Defendant told the victim D to pay KRW 24 million, a second time after the month when he/she lends KRW 12 million.
However, the defendant did not have any particular property at the time, and even if he borrowed money from the injured party, he did not have any intent or ability to repay the borrowed money until the due date.
Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received KRW 4 million from the victim’s position as a check; and (c) received KRW 8 million from the account in the name of E at around 14:13 on the same day, and received KRW 12 million in total from the account in the name of E.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspect of the police in relation to F;
1. Statement made by the police against D;
1. A complaint filed in D;
1. A loan certificate and a detailed statement of each transaction;
1. Previous convictions in judgment: Application of inquiries about criminal history and investigation reports (formers and attachment of written judgments) and statutes;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the defendant is against the recognition of the crime, the agreement with the victim, and the fact that