A defendant shall be punished by imprisonment for not less than five months.

Punishment of the crime

On August 21, 2014, the Defendant was sentenced to the suspension of the execution of the imprisonment for six months for fraud in the Suwon District Court's Ansan branch, and appealed for two years, and is still pending in the appellate trial in the Suwon District Court.

1. On March 12, 2012, the Defendant called the victim C at a place where it is not known to him/her on March 12, 2012, and called the victim C to “in order to pay the principal and interest of the amount borrowed from the victim during that period, it is necessary to pay 40 million won. When lending KRW 40 million, the Defendant said that he/she would have repaid the amount including the principal and interest of the amount borrowed and the monthly interest.

However, even if the defendant borrowed money from the victim, he did not have any intention or ability to repay it as promised.

As such, the Defendant, by deceiving the victim, received 40 million won from the victim for the same day as the loan money, and acquired it by fraud.

2. The Defendant shall pay a full-time refund without a mold to the Defendant, who borrowed a “5 million won” from a victim at a place that is not known at around January 2013.

The term "assumed" was referred to.

However, even if the defendant borrowed money from the victim, he did not have any intention or ability to repay it as promised.

Around January 10, 2013, the Defendant, by deceiving the victim as such, received KRW 5 million from the victim as the borrowed money from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Part C of the police interrogation protocol against the defendant

1. Statement of the police statement regarding C;

1. A copy of a loan certificate or passbook;

1. A specification of transactions and a list of self-reliance deposits;

1. Criminal records and the application of statutes governing judgment;

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

1. Among concurrent crimes, the degree of intent, etc. shall be taken into account in light of the first sentence of Article 37, Articles 38(1)2 and 50 of the Criminal Act’s reflection of the reason for sentencing, the relationship with the victim over several years, the process of performing the transaction, etc.