A defendant shall be punished by imprisonment for one year.

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

Criminal facts

On July 11, 2013, the Defendant was sentenced to one year of imprisonment and two years of suspended execution for fraud at the Jeonju District Court, which became final and conclusive on September 17, 2013.

On March 8, 2013, the Defendant loaned the amount of KRW 30 million to the injured party C in the Human Apartment House near the Jonsan-gu Seoul Special Self-Governing Police Officer, the Defendant made a false statement to the effect that he/she would use the amount of KRW 30 million for one month, and that he/she would lend money to the injured party C without any mold until April 8, 2013.

However, even if the victim borrows money from the victim, there was no intention or ability to repay it within one month.

The Defendant deceivings the victim as above, and received 20 million won from the victim as the loan money on March 11, 2013, from the victim, to the deposit account in the name of his wife D.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement among the protocol of interrogation of the accused by the prosecution

1. Statement to C by the police;

1. A criminal investigation report and evidential materials attached thereto;

1. A complaint;

1. Previous records: Criminal records, investigation reports (report attached to the cases of the same kind of suspect), and application of each Act and subordinate statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (the circumstances favorable to the defendant, such as the fact that the defendant made a confession of the crime in this case and reflects the truth in depth while making a confession, that there is a need to consider equity in the case where the defendant was tried together with the fraudulent crime in which the judgment became final and conclusive, and that the defendant repaid or deposited the money acquired by the defendant for the victim