A defendant shall be punished by imprisonment for not less than eight 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

In collusion with Co-Defendant B, the Defendant

1. On April 3, 2015, the fact at the D coffee shop located in Simk-si on April 15:00, 2015, the victim E makes a false statement to the effect that “it shall be repaid within one month if it is short of 10 million won to purchase massage machine, and 10 million won is lent to the victim E despite the absence of the plan to purchase the massage machine and the intention or ability to repay the loan.” On April 3, 2015, the victim was transferred KRW 10 million through the agricultural bank account in the name of the Defendant’s father’s mother on the following day from the victim:

2. On the 23th day of the same month, at around 16:00, at the same place, B had no intention or ability to receive 50 million won from the pro-Japanese, and even if B did not have an intention or ability to repay the borrowed money, if B had shown the balance of the passbook of KRW 30 million from the pro-Japanese, he/she would make a false representation as if B had promised to receive 50 million from the pro-Japanese, and he/she would return money within 4 days from the victim on the 24th day following the following day from the victim, and he/she acquired KRW 30 million from the victim on two occasions in total, such as receiving KRW 20 million from the national bank account in the name of G.

Summary of Evidence

1. Defendant's legal statement;

1. Co-defendant B’s legal statement

1. Statement of witness E in the sixth protocol of the trial;

1. Each police interrogation protocol against co-defendant B;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on the screen of accusation forms, statements of transactions (E), copies of notarial deeds, and text messages;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has already been punished for fraud several times.

Nevertheless, in addition, the crime of fraud in this case has been committed.

However, the Defendant committed the instant fraud.