A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal record] On January 23, 2015, the Defendant was sentenced to two months of imprisonment for fraud in the Suwon District Court’s Eunpyeong Housing Site District Court on February 4, 2015, and completed the execution of the sentence.

[Criminal facts]

1. On May 5, 2016, the Defendant who committed the crime against the victim C is to pay the victim C with KRW 10,000,000,000,000, plus the principal and interest KRW 80,000 per month, if he/she lends KRW 10,000,000 to the victim C.

“The phrase was made.”

However, at the time of fact, the Defendant did not have a certain amount of income, and the Defendant was 32 million won of debt owed to the lending company. Moreover, there was no intention or ability to repay the debt owed to the victim as above, since the money that was received from an individual due to a large amount of debt among the individuals was intended to be used to prevent the return of the existing debt.

After all, the defendant received 10 million won from the injured party to the Saemaul Treasury account in the name of the defendant, and acquired it by transfer.

2. On June 27, 2016, the Defendant of the crime against the victim E shall pay the victim E with the money that he/she would lend to the victim E with the money that he/she would have to pay in advance.

“.....”

However, at the time of fact, the Defendant did not have a certain amount of income, and the Defendant was 32 million won of debt owed to the lending company. Moreover, there was no intention or ability to repay the debt owed to the victim as above, since the money that was received from an individual due to a large amount of debt among the individuals was intended to be used to prevent the return of the existing debt.

After all, the defendant received 3 million won from the damaged person to the Saemaul Treasury account in the name of the defendant and acquired it by money.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A loan certificate and a detailed statement of each deposit transaction;

1. Previous convictions: Inquiries about criminal history, reporting criminal investigations (Attachment to judgments on fraud), and application of Acts and subordinate statutes to report criminal investigations (verification of period of repeated crimes);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes.