A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 2, 2015, the Defendant was sentenced to a suspended sentence of imprisonment for four months for fraud at the Incheon District Court, and the judgment was finalized on December 14, 2015.

On June 23, 2015, the Defendant called the victim E by phoneing the victim, and concluded that “after one month, one of the two places of convenience stores in which the Defendant is operating, one of the two places of convenience stores is being arranged, and one million won is expected to go from the head office of convenience store, and one million won is to be lent from the head office of convenience store.”

However, in fact, the Defendant had not operated convenience points at the time by closing down the convenience store operated at around July 2014, and there was no money to be refunded from the head office at the convenience store.

In addition, the Defendant did not have any intention or ability to repay the borrowed amount in time because there is no particular income in bad credit condition at the time.

On June 23, 2015, the Defendant, by deceiving the victim as such, received KRW 1 million from the victim to the Agricultural Cooperative Account in the name of his/her father on June 23, 2015, from the victim, and received KRW 27 million in total over 19 times by August 31, 2015 in the same manner as the list of crimes in the attached crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Complaint;

1. A copy of the bankbook, certificate of closure of the bankbook, a statement of entry and withdrawal, and a statement of settlement of deposit;

1. Previous convictions: References to inquiries, investigation reports (Attachment to the same type of fraudulent cases, etc. against a suspect A) and the application of Acts and subordinate statutes attached thereto;

1. Article 347 (1) of the Criminal Act comprehensively including the relevant Article of the Act and the choice of punishment for the crime (the choice of imprisonment);

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) (limited to the crime in question and the first head of the judgment in which judgment becomes final and conclusive);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. is that the Defendant committed the instant crime even though he/she had the same criminal history in several times, and the instant case.