A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal record] On June 22, 2018, the Defendant was sentenced to six months of imprisonment for fraud at the Suwon Friwon, and the judgment became final and conclusive on September 13, 2018.

[Criminal facts] The Defendant is a person who has been working as a motor vehicle with automobile withr.

On January 5, 2015, the Defendant purchased a loan from the Gangnam-gu Seoul building C heading D office to the victim E with "on the loan of money, the Defendant purchased the loan from the victim E with the money, and then repaid the loan by selling it.

“The phrase “ was false.”

However, at the time of fact, the Defendant purchased a vehicle with no particular income and with a large amount of debt, and the Defendant wishes to sell it with the money to repay the Defendant’s existing personal debt with the money in a manner to prevent the Defendant from returning the money, and there was no intention or ability to repay the money from the beginning even if he borrowed money from the damaged person.

Therefore, the victim E received the remittance of KRW 19 million from the victim E to the national bank account in the name of the defendant, and obtained a total of KRW 149,600,000 through nine times, such as the list of crimes in the attached Form.

Summary of Evidence

1. Each legal statement of the witness F, E, G, and H;

1. Recognizing the fact that the Defendant borrowed the money from the victims as stated in the list of annexed crimes, the subject to whom the money belongs cannot be deemed D.

The defendant's claim for the settlement of accounts also cannot be a reason to reject the crime of defraudation of borrowed money.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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