A defendant shall be punished by imprisonment for not less than two months.

Punishment of the crime

On December 13, 2017, the Defendant was sentenced to two years of imprisonment for fraud at the Cheongju District Court, and the judgment became final and conclusive on May 26, 2018.

On April 10, 2017, the Defendant owned a building in front of the office building in the Sejong Fishing Place located in Jincheon-gun, Jincheon-gun, Chungcheongnam-do, and a victim D (59 years old) who became aware of around that time.

"No money which was originally used due to a lawsuit shall be found to have been seized by the victim during the course of overcoming power due to the reason that it was "."

If a loan is made to pay taxes of KRW 6 million, it will be paid immediately after one week.

The phrase “ makes a false statement.”

However, even if the Defendant borrowed money from the injured party, the Defendant thought to use the existing debt repayment, etc., and did not have any financial capacity, such as the ownership of the building. While there was no particular income or property, there was no financial situation due to the fact that the existing debt, such as financial rights, etc. reaches KRW 500 million, there was no intention or ability to repay the money from the injured party.

Nevertheless, the defendant deceivings the victim as above and acquired 6 million won from the victim to the account in the name of the defendant E on the same day under the name of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of transactions;

1. References to inquiries, such as criminal history, written judgments, summary information of each case, and the application of 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. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: (a) the reason for sentencing under Article 39(1) is recognized as a crime and is against the wrong determination; (b) the return of KRW 500,00 to the victim; and (c) the equality with the case of judgment at the same time as the judgment of the final judgment becomes final and conclusive; and (d) the defendant’s history of criminal punishment prior to the instant crime reaches 18 times; and (c) the victim was not agreed with