A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On December 24, 2015, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Ulsan District Court in October, 2015, and the judgment became final and conclusive on September 2, 2016.

On April 1, 2014, at the D office located in the Dong-gu Busan Metropolitan City, Busan Metropolitan City on April 1, 2014, the Defendant made a false statement to the victim E that “The victim E would be able to operate a restaurant at a construction site at the start of April or from May at the latest, on a deposit.”

However, in fact, the Defendant did not have the right to have the victim operate the restaurant at the above construction site, and the Defendant thought that he would use the money to be received from the victimized party as debt repayment and investment money due to the absence of a certain amount of revenue at the time and the excess of the debt, and thus, there was no intention or ability to let the injured party operate the restaurant.

Nevertheless, the defendant deceivings the victim as above and caused the damage to it, and the defendant's account in his name on the same day as the deposit money for the operation of the restaurant, and the same month.

2. Three million won, and the same month;

8. Four million won is deposited and the same month is deposited in the G name.

9. A deposit of KRW 1,00,000 and received KRW 5 million on the 14th of the same month from one account under one’s own name, and acquired KRW 19 million in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to H;

1. Statement made by the police for E;

1. The operating agreement and details of account transactions;

1. Previous convictions in judgment: Inquiry about criminal history and the application of investigation reports (netly 27,28) Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense (comprehensive imprisonment with labor);

1. The latter part of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That Article 39(1) of the same Act to apply the sentencing criteria to single concurrent crimes after Article 37 of the Criminal Act, by comprehensively taking into account all the persons who are disadvantageous to or favorable to the defendant as shown in the records and pleadings, such as the victim’s wish to punish the victim, the size of defraudation, the effort to recover damage, the fact that the crime is a single concurrent crime after Article 37 of the Criminal Act, the attitude of reflectivity, the circumstances of the crime, etc.