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

Punishment of the crime

[Criminal Power] On May 24, 2017, the Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor for property damage, etc. at Seoul Southern District Court on June 1, 2017 and the judgment became final and conclusive on June 1, 2017.

【Criminal Facts】

Around April 25, 2017, the Defendant, despite having no intent or ability to repay money from others by the date of promise, provided that, “If the Defendant, at the coffee shop located in Sungnam-si, lent KRW 50 million to the victim E with the money to operate the sports earth site, he/she shall pay the principal after two weeks, and he/she shall also pay the proceeds of each share,” and then, on the 29th day of the same month, he/she received from the victim KRW 40 million through the national bank account of his/her fatherF on May 1, 2017, he/she received KRW 10 million from the victim and acquired KRW 50 million in total with the same account on May 1, 2017.

Summary of Evidence

The police suspect interrogation protocol D against the defendant, the prosecutor's protocol investigation report on E (alonging and analyzing the details of deposit transaction to the national bank account of A, the respondent) and the records of deposit transaction: A's statement on the criminal records: A's statement on the criminal records, and the report on the results of confirmation before disposition and the criminal records

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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