A defendant shall be punished by imprisonment with prison labor for four months.

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

Punishment of the crime

[Criminal Power] On April 21, 2017, the Defendant was sentenced to imprisonment with prison labor for one year and six months and two years of suspension of execution for fraud in the Militarysan Branch of the Jeonju District Court, and the said judgment became final and conclusive on June 12, 2017.

【Criminal Facts】

Around October 3, 2015, the Defendant made a false statement to the victim B by calling the victim B at a place where it is not known to him/her on October 3, 2015, stating that “If he/she lends money as he/she is, he/she will pay the interest immediately.”

However, the Defendant was at the construction site at the time, and the Defendant was unable to pay the benefits to the employees of Co., Ltd. who operated the Defendant, and even if the Defendant was liable for personal debts of at least KRW 400 million and borrowed money from the victim, the Defendant did not have the intent or ability to pay the benefits.

On the same day, the Defendant received 30 million won from the victim under the name of the Do bank account (E) in the name of the Defendant.

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

Summary of Evidence

1. B Legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. Investigation report (attached to materials submitted by the complainant) - F Bank transaction details, certified copy of the register of the court, investigation report (attached to a copy of the A suspect interrogation protocol), copy of the suspect interrogation protocol, accusation book, details of passbook transaction, investigation report (attached to the same criminal punishment of a suspect

1. Previous Records: Criminal history records and investigation reports (Attachment of the same criminal punishment as a suspect), and each of the above evidence is sufficiently recognized that the defendant, even if he/she borrows money from the victim, if he/she lends money to the victim without intent or ability to repay the money, he/she shall immediately repay the money to the victim, and shall obtain money from the victim.

The defendant and the victim argued that the defendant and the victim provided sufficient security to repay loan obligations, but according to each of the above evidence, the victim set up a right to collateral security.