A defendant shall be punished by imprisonment 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.

On March 21, 2019, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Eastern District Court on April 4, 2019, and the said judgment became final and conclusive on April 4, 2019.

Criminal facts

The Defendant, around April 2018, at the Songpa-gu Seoul Metropolitan Government B apartment management office, told the victim C to “I will pay 12 months if I want to pay 10,000 won as I lack of money.” In September 2018, the Defendant stated that “I will pay I will pay I will pay I will pay I will pay I will pay I will pay I will pay I will pay I will pay I will pay I will pay I will pay I will pay I will pay I will pay I will pay I will pay I will pay us. I will pay

However, in fact, the Defendant was in the state that he was obliged to pay 300 million won or more as interest each month because he was in excess of 400 million won, and there was an idea that the Defendant would receive money from the victim from around September 2017, and even if he borrowed money from the victim, he did not have an intention or ability to pay the money.

As such, the Defendant, by deceiving the victim, received from the victim as the borrowed money, the sum of KRW 10 million around May 11, 2018, and KRW 15 million around October 2, 2018, from the victim as the F Account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Response to the provision of financial transaction information;

1. Previous records: Application of Acts and subordinate statutes, such as criminal records, investigation reports (non-prosecution decisions and binding of the same kind of force decisions) and non-prosecution decisions (Evidence List 8);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the “instant crime”) is that the instant crime is a crime recorded in the records of the judgment that became final and conclusive and a latter concurrent crime under Article 37 of the Criminal Act, and thus, the sentencing guidelines do not apply.

In light of the contents of the crime and the amount of fraud, the liability for the crime is not easy, but it is not easy.