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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 10, 2014, the Defendant was sentenced to imprisonment with prison labor for not more than ten months for fraud in the Western Branch of the Daegu District Court, and the said judgment became final and conclusive on November 1, 2014.

On February 20, 2013, the Defendant borrowed KRW 70 million from B to receive a criminal trial due to the Defendant’s complaint filed by the Defendant, and the above B demanded another person to take over the obligation with respect to KRW 30 million out of the above KRW 70 million. The Defendant, who was aware of the agreement with B, requested the victim C to whom he was in common knowledge, and asked the Defendant to take over the obligation of KRW 30 million.

On March 31, 2014, the Defendant stated that “E” offices located in Seo-gu, Daegu-gu, Seoul-si, that “B shall pay KRW 30 million to B, instead of paying a loan amount of KRW 70 million, the Defendant would pay KRW 30 million to B, and the Defendant continued to pay the victim KRW 4 million by the credit card card of the width by the end of May, 201.”

However, the Defendant had a total of KRW 50 million and had no intention or ability to pay the above KRW 34 million until the said date, even if he/she received monthly wage of at least KRW 2 million due to monthly interest, living expenses, etc.

Nevertheless, on April 4, 2014, the Defendant: (a) prepared a loan certificate within the meaning of the assumption of an obligation with respect to KRW 30 million from tin to deliver it to B; and (b) settled 4 million of the used car sales company of the “F” in Daegu-si, with the victim’s credit card; and (c) made the said B acquire property gains equivalent to KRW 34 million in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The complaint, full certificate of registered matters, and full certificate; and