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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 8, 2018, the defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution for fraud in Busan District Court on February 8, 2018, which became final and conclusive on February 20, 2018.

Since the Defendant had been in bad credit standing and was in excess of 10 million won due to his personal loans of 5 million won for the purpose of using them as hospital expenses, etc., the Defendant was under pressure to repay the above loans in the name of the victim, even if he was given a loan under the name of the victim, despite having no intent and ability to normally repay the above loans, the Defendant would be in need of the victim's "B apartment C in the name of the victim" in the name of the victim, and the E Bank would have borrowed 6,000,000 won in the name of the victim and borrowed 6,000,000 won in the name of the victim and borrowed 0,000 won in the name of the E Bank around March 5, 2015 and used 00,000 won in the name of the victim and borrowed 0,000 won in the name of the victim around 105,005,000 won in the name of the victim and used 10,505,005.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint, a criminal investigation report (Attachment to supplementary materials), and a criminal investigation report (Attachment to the details of identification of the G bank);

1. Previous records of judgment: Application of Acts and subordinate statutes to refer criminal records, reference records, investigation reports (case number 2017-012780, etc.);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The suspended sentence is advantageous to the reasons for sentencing under Article 62(1) of the Criminal Act.