A defendant shall be punished by imprisonment for a period of five months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

【Criminal Records of Crimes】 On August 20, 2015, the Defendant was sentenced to ten months of imprisonment for fraud at the Gwangju District Court and two years of suspended execution, and the judgment became final and conclusive on August 28, 2015.

【Criminal fact-finding on November 10, 201, the Defendant sent a phone call to the victim C, who was aware of the Defendant’s house located in Gwangju-gu, Gwangju-gu, to the effect that “The Defendant was in preparation to open the current screen golf course, which requires money, is necessary, monthly interest is given, and the Defendant borrowed money in full.” The Defendant took the view that he would have paid the borrowed money properly by running the screen golf course business.

However, the Defendant, while lending money to the people at the time, continued to be confused with the illegal gambling, such as sports soil, and was unable to repay the money from the damaged person due to the lack of the intent to operate the screen golf course.

Around November 10, 201, the Defendant received KRW 4 million from the damaged party to the new bank account in the name of the Defendant, and received a total of KRW 26,30,000 from November 10, 201 to July 16, 201 in the same manner, as indicated in the list of crimes in the attached Form, from November 10, 201 to July 11, 201.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning C’s statement concerning the suspect interrogation protocol against the defendant

1. A copy of the process deed and details of account transactions;

1. Previous convictions: Application of inquiry statements, investigation reports (Attachment to the rulings of the same kind, etc.);

1. Article 347(1) of the Criminal Act applicable to the pertinent criminal facts and Article 347(1) of the choice of punishment (a comprehensive indictment by a prosecutor was filed as concurrent crimes.

However, in case where the money has been acquired by deception through several occasions against the same victim, if the criminal intent is single and the method of crime is the same, only a single crime of fraud shall be established;

Imprisonment with prison labor;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The sentencing of Article 62(1) of the Criminal Act is based on suspended execution.