A defendant shall be punished by imprisonment for not less than five months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

On January 27, 2012, the Defendant was sentenced to the imprisonment of eight months at the Ulsan District Court for fraud, and the above judgment was finalized on May 4, 2012.

The defendant is a public official who is the husband of the ordinary victim C, and himself is the president of the Ldos club, etc., and he was fluoring as if he had a social position and a considerable financial ability, and tried to receive money from the victim after correcting the judgment from the victim.

1. On October 15, 2010, the Defendant stated that “Around 10:00, the Defendant shall provide the victim with internal family services, and the money at present is necessary. It shall be repaid to the Defendant with a loan of KRW 10,000,000,000.”

However, at the time of fact, the Defendant had the obligation of several million won to D and lending companies, and even if the Defendant borrowed money from the victim due to no particular revenue or property, there was no intention or ability to repay it.

The Defendant, by deceiving the victim as such, received KRW 10 million from the victim’s bank account in the name of the Defendant on the same day.

2. On November 2, 2010, the Defendant told the victim by telephone from the Defendant’s home located in Ulsan-gu, Ulsan-gu, that “I will repay the victim with the borrowed money prior to the loan of money.”

However, the defendant did not have any intent or ability to repay the above even if he borrowed the money from the victim, like Paragraph 1.

The Defendant, as such, by deceiving the victim, received KRW 500,000 from the victim on the same day, and KRW 2 million around November 24, 2010, and received KRW 2.5 million in total from each of the above Gyeongnam Bank accounts.

Summary of Evidence

1. Part of the Defendant’s legal statement - The intent of disputing the criminal intent of defraudation - According to the evidence duly adopted by the Defendant’s consent, the establishment of the crime of fraud of this case, including the criminal intent of defraudation, can be fully recognized.

1. Statement to C by the police;

1. A criminal investigation report;

1. Details of transactions, certificates of borrowing, and explanatory notes;

1. Judgment.