A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

[criminal history] On April 5, 2016, the Defendant was sentenced to six months of imprisonment for a violation of road traffic law (unlicensed driving) in the Incheon District Court's Vice-Support on April 5, 2016, and is still pending in the appellate trial.

[Criminal facts] The Defendant is a person who has been engaged in the trading of large franchises.

On January 22, 2014, the Defendant made a telephone call to the victim C at a place where the location is unknown, and concluded that “The Defendant would pay approximately KRW 1.5% interest in the month in which the Defendant would pay the principal and pay the vehicle immediately after selling the vehicle.”

However, the fact that the defendant was living in common due to the lack of business operation, thereby preventing a prompt return;

ter paid the existing debt with money borrowed from the injured party;

There was no intention or ability to repay the borrowed money.

The Defendant received 7 million won from the damaged party to the bank account in the name of the Defendant’s wife D as the borrowed money.

In addition, the Defendant received a total of KRW 36 million from January 22, 2014 to September 4, 2014, in total, five times from around January 22, 2014, as indicated in the list of crimes in attached Form.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of transactions with the new bank in the name of the complainant, and those with the new bank in the name of D;

1. Previous convictions: Application of criminal history and investigation experience data, investigation report (verification of the status of trial cases by suspect and attachment of written decision of non-prosecution)-related Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Reasons for sentencing under Article 62(1)(the following favorable circumstances) of the Criminal Act [the scope of recommendation] of Article 62(1)(the grounds for sentencing under Article 62(1)(the scope of recommendation] of the general fraud area (one month to one year) of mitigation area (one month to one year) [the person who is specially mitigated] is not subject to punishment (the decision of sentence].