A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On January 27, 2015, the Defendant was sentenced to six months of imprisonment for fraud at the Gwangju District Court, and the said judgment became final and conclusive on February 4, 2015.

On November 12, 2013, the Defendant made a false statement to the victim C at the business branch of the Seoul metropolitan bank located in Jung-gu Seoul, Jung-gu, Seoul Special Metropolitan City, that “The Defendant would lend KRW 24 million to the victim C at one week after the loan of KRW 35 million.”

However, even if the Defendant borrowed 24 million won from the injured party as above, the Defendant did not have any intention or ability to repay 35 million won after one week.

The defendant deceivings the victim as above and acquired money of KRW 24 million through a new bank account in the name of D managed by the defendant on the same day from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Entry of each part of the witness C, E, and D in the five-time public trial records;

1. A detailed statement of transactions in a passbook, a certificate of confirmation of each deposit, details of transactions in a passbook, and replies;

1. Previous convictions in judgment: Inquiry into criminal history, investigation report (the status of confinement of suspects and suspects A), status of confinement, and application of the statutes of the judgment;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 of the Criminal Act concerning concurrent crimes: Provided, That the judgment on the assertion of the Defendant and the defense counsel under Article 39(1)

1. The summary of the argument is that the defendant received a proposal from D that he will make a balance of KRW 10 billion in the face of the passbook and then asked F to make such a passbook. The defendant deposited KRW 24 million in the name of D lending the amount of KRW 24 million from the victim to demand KRW 30 million, and then delivered it to F. However, F did not pay money to the victim due to the reason that F did not comply with the promise, and there was no intention to commit fraud.

2. Determination

A. The criminal intent of defraudation, which is a subjective constituent element of the crime of fraud, is so long as the defendant does not make a confession, the history and environment of the defendant before and after the crime.