A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On June 26, 2013, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended sentence at the Seoul Central District Court on July 4, 2013, and the above judgment became final and conclusive on May 22, 2015, which was sentenced to 1 year of imprisonment and 2 years of suspended sentence for the same crime at the Seoul East East District Court on May 22, 2015, the above judgment became final and conclusive on May 30, 2015. On June 16, 2017, the Seoul Central District Court was sentenced to 6 months of imprisonment and 4 million won of fine for the same crime and became final and conclusive on June 24, 2017. On August 22, 2019, the above judgment became final and conclusive on August 30, 2019 after having been sentenced to 8 months of imprisonment and suspended sentence for the same crime.

On February 14, 2020, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Central District Court, and appealed, and is still pending in the appellate trial.

【Criminal Facts】

On January 3, 2011, the Defendant made a false statement to the effect that the Defendant would lend KRW 30 million to the victim D in Gangnam-gu Seoul Building C, and that “the Defendant would borrow KRW 30 million with the loan.”

However, the Defendant did not have any money at the time and did not have any intention or ability to repay the money even if he borrowed money from the victim because the Defendant did not have any money at the time and was unable to return the money due to repayment of the obligation to pay the money.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 30 million from the victim to the single bank account (E) in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. Court rulings 2019Sang 115778;

1. Details of the account in the name of the complainant;

1. Details of transactions in one bank account in the name of F;

1. Investigation report (Attachment to the details of account transactions in one bank account under the name of the F);

1. Previous records before and after judgments: Criminal records, investigation reports (verification of the facts of latter concurrent crimes of suspects and continuous trials), five copies of rulings, and one copy of search of cases by the Supreme Court (b) shall apply;

1. Criminal facts;