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

Punishment of the crime

On October 21, 2015, the Defendant was sentenced to a suspended sentence of one-year imprisonment with prison labor at the Daejeon District Court for fraud, etc., and the judgment became final and conclusive on May 19, 2016.

From April 201, the Defendant began to teach with the victim D, and attempted to defraud money from the victim with deep friendship.

On June 24, 2011, the Defendant made a statement to the effect that “The Defendant shall pay money to the victim if it is necessary to pay money.”

However, since the defendant had no particular property at that time and had insufficient living expenses, the defendant did not have the intent or ability to repay the above money even if he borrowed the money from the victim.

The Defendant received 200,000 won from the victim to the corporate bank account in the name of the Defendant on the same day.

From that time up to October 12, 2014, the Defendant stated in the column of “compact” of 25,270,000 won, which reads, “the victim had the victim borrow three million won from E, and then received KRW 2,270,00 from E to the corporate bank account in the name of the Defendant.” In light of the fact that the “compact amount” of “3,00,000” and “69,407,200” of the “total amount,” respectively, appears to be a clerical error in the “68,677,200,” and is corrected.

Meanwhile, even according to the victim's prosecutor's statement, the above KRW 3 million was transferred to the victim's account on the day of deposit into the victim's account, and the above amount was merely used in relation to the individual rehabilitation procedure that was proceeded with the victim's own, and there is no evidence to deem that the defendant received property or acquired property benefits equivalent to the above amount.

Therefore, even if this part of the facts charged is also the purport of including the remaining 7.3 million won, excluding the above 3 million won and 2.270,000 won, by fraud, the above facts charged are also included.