A defendant shall be punished by imprisonment for six months.

However, 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

On September 22, 2017, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Southern District Court, and the judgment became final and conclusive on September 28, 2017.

The Defendant, around August 13, 2013, at the “D” store operated by the Defendant in Jung-gu Seoul, Seoul, Dong-dong (Cdong) by the Defendant, saying, “The Defendant would have set up another business, and would have received deposits from the victim E as if the Defendant borrowed KRW 20,000,000,000 from the victim,” and received KRW 20,000,000 in cash from the victim as the borrowed money.

9. Around 13. Around the same period of time, the victim made a false statement to the victim stating that “I will repay 20,000,000 won to all the borrowed money at a time prior to the date on which the store was omitted, because the store has yet to be removed,” and received KRW 20,000 as the borrowed money.

However, at that time, the Defendant was unable to lend the amount of KRW 13 million to the merchants conducting funeral services in the above market, and was liable for the amount of goods equivalent to KRW 40 million, while the above amount of deposit is merely 15 million and thus, even if it received the security deposit, it was used for repaying other obligations and there was no intention or ability to repay obligations to the victims.

Accordingly, the Defendant, by deceiving the victim, received a total of KRW 40 million from the victim as a loan.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Investigative report (information on telephone conversations of a suspect as to deposit), investigation report (related to evidential data submitted by the complainant), certificate of deposit transaction performance (G), investigation report (related to telephone conversations with a person for reference), investigative report (Submission of evidential data on the timing and amount of receipt of deposit for a suspect), transfer certificate, investigative report (related to confirmation of the authenticity of transfer certificate of a store operated by the suspect), loan certificate;

1. Previous convictions in judgment: one set of criminal records, investigation reports (related previous convictions) and one set of data;