A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On September 25, 2009, the Defendant was sentenced to a suspended sentence of two years for a crime of fraud in the Changwon District Court’s territorial branch on October 25, 2009. The above judgment became final and conclusive on October 6, 2009.

On July 208, 2008, the Defendant: (a) at the Cju shop located in Swelon B, the Defendant made a false statement to the victim D, “The amount of deposit is KRW 80 million, and the amount of money that the Defendant would receive from Is who are on board is not less than KRW 50 million. As the operating expenses are urgently needed, the Defendant borrowed KRW 20 million,00,000,000,000 won.

However, in fact, the Defendant borrowed money from the victim to repay his/her personal debt at the time, and there was no intention or ability to pay the money even if he/she borrowed money from the victim as above in the name of operating expenses because he/she did not have any obligation without any particular property, which was 100 million won, and there was no money from the victim.

The Defendant received KRW 9 million from the victim on August 24, 2008, KRW 8.655 million on September 1, 2008, and KRW 17.955 million on September 9, 2008 from the victim to the Agricultural Cooperative Account under the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A list of transactions;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (former records and report attached to judgment);

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. Article 62 (1) of the Criminal Act on the stay of execution (i.e., the fact that the defendant reflects the fact and transfers money to the victim for repayment);

1. Probation under Article 62-2 of the Criminal Act;