A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On January 25, 2017, the defendant was sentenced to imprisonment with prison labor for six months and two years of suspension of execution for fraud in the Gwangju District Court's Netcheon Branch.

2.2 The above judgment became final and conclusive.

On November 201, 201, the Defendant borrowed the victim E with “D coffee shop” (hereinafter referred to as “D coffee shop”) from the victim E at the time of influence, which is short of the down payment and has to complete the credit card payment. Upon completion of the apartment sale, the Defendant would receive a security deposit or receive a loan from the said apartment as security.

“.....”

However, the defendant had no intention or ability to pay the above loan even if he did not receive the above loan from the injured party due to no particular property or income.

Nevertheless, the defendant deceivings the victim as above and was delivered 12 million won to the account transfer or cash over several occasions by the victim around that time.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Certificates of process, certificates of payment, respectively;

1. Details of each financial transaction;

1. Previous convictions in judgment: Application of the defendant's legal statement, inquiry, and copy of the judgment;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. On the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, the following factors are comprehensively taken into account: (a) the fact that there was no criminal history of the Defendant at the time of the instant crime; (b) the victim’s degree of damage and recovery of damage; (c) the victim’s intent to punish the Defendant; (d) the victim’s existence of the victim’s intent to punish the Defendant; (e) whether the Defendant is against the Defendant; and (e) the family relationship;

It is so decided as per Disposition for the above reasons.