A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On February 12, 2009, the Defendant was sentenced to two years and six months of imprisonment for fraud in the Western Branch of the Daegu District Court on February 12, 2009, and was released on October 28, 2009 during the execution of the sentence and passed on March 1, 2010.

Around January 2013, the Defendant, at the D coffee shop located in Gangnam-gu Seoul Metropolitan Government, concluded that: (a) there was no deposit for lease under Article 1101 of the Da-gu E building 1101; (b) even if the Defendant borrowed money from the victim F because there was no particular property and certain income, the Defendant borrowed money from the victim; (c) however, the Defendant did not have the intent or ability to refund it, he/she borrowed money from the victim; (d) he/she would make repayment until February 28, 2013; and (e) would offer the deposit money for lease under Article 1101 of the Da-gu Seoul Metropolitan City E building as collateral against the victim’s default; and (e) subsequently, he/she acquired the money from the victim as the deposit account of the Korea TelecommunicationS Co., Ltd. on February 6, 2013 to the sum of KRW 9 million and KRW 1.2 million from the victim’s deposit account on February 15, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. An interrogation protocol of the accused by the prosecution (including the F statement section);

1. Each police suspect interrogation protocol against the accused (including the F's statement in the second protocol);

1. The police statement concerning F;

1. Application for an agreement on installment financing of used cars, loan certificate, each letter, officetel charter contract, and details of the amount to be deposited and withdrawn;

1. An investigation report (to hear statements from a person for reference) and an investigation report (to verify whether 40 million won or not exists as to lease deposit);

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, has been the criminal record of having been sentenced to imprisonment due to the crime of fraud, and the execution of the above imprisonment has terminated.