Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On December 29, 2009, the Defendant was sentenced to a suspended sentence of two years in the Seoul Eastern District Court for fraud, etc. on January 6, 2010, which became final and conclusive on January 6, 2010. On August 28, 2013, the Defendant was sentenced to one year of imprisonment for fraud in the same court on August 28, 2013, and the said judgment became final and conclusive on February 27, 2014.

On February 9, 2009, the Defendant stated that “The Defendant borrowed KRW 20 million as it is necessary to provide a clothing business” to the victim B at the clothes store in the Songpa-gu Seoul Saemaeul-dong Saemaeul market, Songpa-gu, Seoul. On February 9, 2009, the Defendant stated that “I will prepare a loan certificate of KRW 30 million and repay money with the profits of the clothing business until April 20, 2009.”

However, around 209, the Defendant, without any particular property, resided in a multi-household house with the Defendant’s wife in a deposit of KRW 20 million for monthly rent of KRW 80,000,000, but the rent was in arrears for several months. The above C’s clothes store, which paid monthly rent of KRW 4,000,000 without a deposit, continued to have been in a state of deficit, and even if the credit card price was in arrears with approximately KRW 20,000,000 due to economic circumstances, there was no intention or ability to repay it.

The Defendant received from the victim a copy of the KRW 20 million check as the borrowed money in the same place.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and D;

1. Previous records of judgment: Investigation report (in cases of fraud cases involving ex post facto concurrent crimes, attachment of records), conet search and outputs, and application of Acts and subordinate statutes to court rulings;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;