A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On October 25, 2012, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Suwon District Court Eunpyeong Housing Site Board, and the said judgment became final and conclusive on January 17, 2013.

【Criminal Facts】

Around May 5, 2012, the Defendant made a false statement to the victim D that “I would pay a high interest on a loan with money, while playing interest at home” at a scar in Pyeongtaek-si (hereinafter referred to as Pyeongtaek-si).

However, in fact, the Defendant, at the time, did not have the intent or ability to pay the principal and interest even if he borrowed money from the victim as above, because the Defendant was under a tentative name for the payment of the fraternity which reaches three times his monthly income.

On the same day, the Defendant received KRW 2 million from the victim in the name of a credit union account in the name of the Defendant on the same day.

In addition, the Defendant, from October 17, 201 to June 14, 2012, by deceiving the victims on a total of eight occasions, such as the list of crimes in the attached Table, and by deceiving the victims on a total of KRW 41 million.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of D police statement;

1. A complaint;

1. A written confirmation of details of transactions of entrance and departure;

1. Previous records of judgment: Criminal records, investigation reports (verification of facts concurrent crimes under the latter part of Article 37 of the Criminal Act), application of certified copies of judgment;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. The criminal liability of the defendant who has inflicted economic damage on a large amount of money by deceiving 41 million won from the victim with the reason of sentencing under Article 62(1) of the Criminal Code of the suspended execution is the necessity of the corresponding punishment.

However, the fact that the defendant is divided into the crime, that the defendant agreed with the victim after the pleading has been closed, that some interest is deemed to have been repaid, that the defendant has been detained for a certain period and has an opportunity to reflect on the crime of this case.