1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal record] On June 10, 2015, the Defendant was sentenced to ten months of imprisonment for fraud and two years of suspended execution at the Seoul Southern District Court on June 18, 2015, and the judgment became final and conclusive on June 18, 2015.

[2] On October 21, 2014, the Defendant, at the Defendant’s house located in Yangcheon-gu Seoul Metropolitan Government around October 21, 2014, borrowed money of KRW 10 million from the Defendant’s house to the victim C, and then changed without any molding it.

The phrase “ was false.”

However, the defendant did not have the intent or ability to repay the money even if he borrowed the money from the damaged party because he had a debt equivalent to about KRW 70 million with the lending company at the time, and has prevented the return of interest, etc. thereon.

The Defendant, by deceiving the victim as such, was transferred to the Saemaul Treasury account in the name of the Defendant from the victim on October 21, 2014.

In addition, as indicated in the attached list of crimes, the Defendant deceptioned the victim by the aforementioned method from around that time to March 2, 2015, and acquired the victim by remitting the total of KRW 33 million from the victim five times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Complaint;

1. A criminal investigation report (Submission of detailed statement on transactions of passbooks);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes concerning report on investigation (Attachment to judgments on suspects);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62(1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act)

1. Article 25 (1) 1, Article 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings with Sentence of Provisional Execution;

1. Article 186 of the Criminal Procedure Act, which bears the burden of litigation costs, is proceeding in the first instance trial on the grounds of sentencing.