A defendant shall be punished by imprisonment for six months.

However, the execution of the sentence against the defendant for a period of one year from the date this judgment became final and conclusive.

Punishment of the crime

[criminal records] On June 30, 2016, the Defendant was sentenced to four months of imprisonment with prison labor and one year of suspended execution on May 24, 2017 due to the violation of the Labor Standards Act in the Southern Branch of the Gwangju District Court, and the judgment became final and conclusive on October 26, 2017. On October 26, 2017, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution and decided on November 3, 2017.

[2] On March 12, 2015, the Defendant stated that “A private teaching institute operated by the Defendant, who is located in Chungcheongnam-gun B, borrowed money to pay credit card bills to the victim D at the end of the year, the Defendant would pay the credit card bills immediately.”

However, the defendant did not start the community and did not have any time limit for the payment at the end of the year, and because he did not pay a monthly wage to his employees, he did not have any intent or ability to complete payment even if he borrowed money from the victim.

However, the Defendant received KRW 2 million from the injured party to the agricultural bank account under the name of the Defendant, from September 7, 2015, and acquired the money by remittance of KRW 19 million in total, from September 7, 2015, from the time to September 7, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A certificate of borrowing and account transaction;

1. Details of account transactions and copies of bankbooks;

1. Data on credit assessment replies;

1. Previous convictions in judgment: A reply to inquiry, such as inquiry about criminal history, reporting on the results of previous convictions in each disposition, and applying a copy of each judgment;

1. Relevant Article of the Criminal Act and Article 347(1) of the Criminal Act, inclusive, the choice of imprisonment with prison labor for the crime;

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

1. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is that the Defendant, who received money from the victim by means of a specific falsehood, is not smaller than the amount of defraudation.

On the other hand, however, the defendant recognizes all of his mistake and reflects.

The Defendant has endeavored to recover damage, and the victim of this case.