A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[criminal records] On January 25, 2018, the Defendant was sentenced to eight months of imprisonment for fraud at the Incheon District Court, and the judgment became final and conclusive on June 8, 2018.

[Criminal facts] The Defendant, on August 2015, operated a mutual infinite cafeteria located in the Incheon Songdo-do-ro, Incheon, on August 1, 2015, to the victim C, “The golf products sales store are operated, and the profits will remain by again selling them after purchasing them.

It is intended to return KRW 70 million, including KRW 20,000,000,000 for the benefit of 50,000,000.

“A false representation was made.”

However, the Defendant had no particular property at the time, and was responsible for the amount equivalent to KRW 90 million in arrears with the National Tax Service, and the Defendant did not have any intent or ability to repay the money even if he borrowed the money from the injured party in an uncertain state in the profitability of the golf products store.

As such, the Defendant, by deceiving the victim as such, received a total sum of KRW 50 million from the victim to the bank account (D) in the name of the Defendant, including KRW 30 million around August 26, 2015 and KRW 20 million around September 1, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the accused by the prosecution;

1. Statement made by the police against C;

1. Each investigation report (Analysis of the details of financial transactions replies, hearing of the F phone statement by the head of the E team, who is the suspect and the user of the borrowed money, hearing of G representative H phone statement);

1. A request for deposit without passbook (C) and a certificate of deposit without passbook (C);

1. Previous convictions in judgment: (A) the defendant's legal statement, criminal history, and replys to inquiries, such as a criminal history, and the application of Acts and subordinate statutes on criminal investigation reports;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act in handling concurrent crimes: Provided, That the grounds for sentencing under the former part of Article 39 (1);

1. The crime of this case, which is not subject to the sentencing criteria, falls under the relationship of concurrent crimes before and after Article 37 of the Criminal Act.