A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On November 21, 2012, the Defendant was sentenced to imprisonment with prison labor for six months at the Incheon District Court for fraud, and the said judgment became final and conclusive on January 9, 2013.

On January 2013, 2013, the Defendant made a false statement to the victim E by phone from the Defendant’s house located in Seocheon-gu, Seocheon-gu, Seoul Special Metropolitan City, that “I will start the black box business. I will pay 30% interest per annum if I lend KRW 100 million per annum. I will transfer KRW 200,000,000,000,000,000,000,000 won per annum.”

However, on October 10, 2012, the Defendant had already been granted a loan of KRW 160 million from the Saemaeul Credit Cooperative, and the Defendant provided an apartment leased by the Defendant as security to no longer provide it as security to the victim. The Defendant had no intention or ability to complete payment even if he/she borrowed money from the victim due to the business feasibility of the black box business that the Defendant was running.

As such, the Defendant, by deceiving the victim, and deceiving him as such, to the account of a national bank in the name of F, the Defendant’s wife on January 2, 2013, with the amount of KRW 10 million, under the name of F, and the same month.

7. The above account received a total of KRW 100 million, including KRW 90 million, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. An authenticated copy of a notarial deed;

1. A detailed statement of passbook transactions;

1. The apartment charter contract;

1. Certificates of loan transactions;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (in cases of the same kind of case, a copy of the judgment);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The fact that another person commits the instant crime during the appellate trial due to the same kind of crime as the sentencing of the latter part of Articles 37 and 39(1) of the Criminal Procedure Act, the defrauded amount reaches KRW 100 million, and the remainder of KRW 60 million is not repaid after the repayment of KRW 40 million.