A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal Power] On May 28, 2014, the Defendant was sentenced to nine months of imprisonment for fraud, etc. at the District Court of the Jung-gu District on February 5, 2015, and completed the execution of the sentence in the Gwangju Prison.

【Criminal Facts】

1. On July 29, 2015, the Defendant concluded that “Around July 29, 2015, the Defendant would pay off the purchase price to N, the representative of the said company, “I would, if I would like to purchase the 2010-type NAS vehicle, pay the purchase price without mold.”

However, as above, the Defendant did not intend to purchase the vehicle and did not have any intent or ability to repay the vehicle in accordance with the promise even if he borrowed the money from the victim in excess of the obligation.

The defendant received KRW 10 million from the victim as a loan on the same day at around 16:11 on the same day and acquired it by fraud.

2. On June 8, 2015, the Defendant called the victim Ldcop Co., Ltd. at Fdcop, and falsely called “B is in office in the company of “P” who is residing in the office of Ilyang-dong, U.S. P., and is in charge of distributing construction materials and food materials, and has income of five million won per month.”

However, the defendant did not have any intention or ability to repay the above according to the promise even if he did not have any revenue at the time and borrowed money from the victim in excess of the obligation.

The defendant received 4 million won as a loan from the victim on the same day, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the N in the police station;

1. A written statement of Q;

1. Each complaint;

1. NIC credit information;

1. Previous records: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to the same type of judgment);

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Code of Aggravation of Cumulative Offense