A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On June 24, 2015, the defendant was sentenced to imprisonment with prison labor for six months at the Changwon District Court for fraud and two years of suspended execution, and such judgment became final and conclusive.

1. On July 9, 2012, the Defendant made a false statement to the effect that “A victim E, who became aware of in the Changwon-si, Changwon-si C, will receive a loan of start-up funds after three months if the Defendant borrowed KRW 10 million funds to operate a signboard shop.”

However, in fact, the Defendant, as it is not good for the financial situation, was engaged in the business of opening and operating the above signboards with a loan from others, not only did the above-mentioned shop business, but also did not have any intent or ability to complete payment even if the Defendant borrowed the above funds from the victim due to the situation where there was no specific plan to do so. Although the Defendant borrowed KRW 10 million from the victim, the Defendant did not purchase the machines with a cap on the machine price.

Around July 10, 2012, the Defendant received KRW 10 million from the victim to the Agricultural Cooperative Account in the name of F in a de facto marital relationship, and acquired it by fraud.

2. On August 21, 2012, the Defendant made a false statement to the effect that “If the Defendant borrowed five million won as the material cost incurred in installing the signboard to the fri-dong, he/she would repay the construction payment after one month, if the Defendant borrowed five million won as the material cost incurred in installing the signboard to the fri-dong.”

However, the defendant did not have any intention or ability to repay the money even if he borrowed the money from the victim because the above business conditions were not good and the collection was not smooth.

The Defendant received KRW 5 million from the victim to the Agricultural Cooperative Account in the above F name on the same day, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Cooperation in investigation, replys-credit information;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to judgment, etc.);

1. Article 347(1) of the Criminal Act applicable to the crime