A defendant shall be punished by imprisonment for six 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

On February 7, 2003, the Defendant was sentenced to a fine of KRW 10 million in the Seoul Central District Court for fraud.

The facts of the crime reveal that the Defendant was unable to prepare for living expenses due to the absence of any special property or income, so even if he borrowed money from the victim B, he did not have the intent or ability to pay the money properly, and even if he was to use most of the money borrowed from the victim as the living expenses of the Defendant, the Defendant was transferred KRW 41,000,000 from that time to April 4, 2018 by means of loan from the victim to the Agricultural Cooperative Account in the name of C, as stated in the attached list of crimes, on November 7, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness B;

1. The protocol of statement made by the police against B, the protocol of statement made by the police against the accused, and the protocol of accusation made by B;

1. Application of Acts and subordinate statutes to the details of each account, investigation report ( complainants and telephone calls), investigation report (hereinafter referred to as the "Cakao Stockholm dialogue, lease agreement, D account number), Kakao Stockholm dialogue, lease agreement, D account number and deposit account details;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [the decision of types] and the scope of recommendations [the type 1] and the reduction element of less than KRW 100 million [the special sentencing factor]: In a case where a fraudulent act is committed intentionally, but a significant damage has been recovered, the case where a significant damage has been restored [the area of recommendations and the scope of recommendations] special mitigation range, one month to one year.