A defendant shall be punished by imprisonment for not less than eight 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 October 7, 2010, the Defendant was sentenced to two years and six months of imprisonment for fraud at the Suwon District Court, and four years of suspended execution, and the above judgment became final and conclusive on October 15, 2010.

On September 12, 2007, the Defendant stated that “In order to solve this problem, there is currently a civil trial in Suwon-si, the deposit cost is required. If the Defendant borrowed KRW 50 million, the Defendant deposited the said money, received the said money after one to two months, and borrowed KRW 300 million necessary for the business.”

However, in fact, the defendant did not have the intention or ability to pay the above amount even if he received the above amount from the victim, because he thought that the defendant received the above amount of KRW 50 million from the victim would have repaid his obligation to the defendant.

Nevertheless, the Defendant, by deceiving the victim as such, received 50 million won from the victim, namely, the transfer from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Trial records (the examination records No. 223);

1. Statement of transactions by account;

1. The loan certificate;

1. A complaint;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. The defendant and his defense counsel asserts that the defendant received 50 million won from the victim's victim's transfer of money from the judgment on the claim of the defendant and his defense counsel under Article 62 (1) of the suspended execution of sentence.

According to the above evidence, the defendant prepared and delivered a loan certificate to the effect that he borrowed the above KRW 50 million to the victim on May 16, 2012, and the defendant testified that he was present as a witness in a criminal case against the victim on May 24, 2012 and borrowed the above KRW 50 million from the defendant.