A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On March 22, 2013, the Defendant was sentenced to one year of imprisonment and two years of suspended execution for fraud at the Incheon District Court, and the judgment became final and conclusive on the 30th of the same month.

【Criminal Facts】

In around 2010, the Defendant, at the “D” office operated by the Defendant (hereinafter “D”) located in Seocheon-gu, Seocheon-gu, Busan and 203 Dong 604, the Defendant made a false statement that the account holder would apply for a loan to the victim E., if he/she intends to obtain a loan from the Plaintiff, he/she would receive a loan from the Plaintiff.

However, in fact, the Defendant had a personal obligation of more than KRW 100 million, and there was no tax or insurance premium imposed on the said company by using the sales money of the said company to pay the personal debt, and thus, there was no intention or ability to repay the loan even if the victim received the loan under the name of the company.

In the end, the Defendant had the victim obtain a loan from a lending company, such as R&W Capital, C&T Capital, Hyundai Capital, and C&C, from around 2011, and acquired a total of KRW 30 million, including the loan, from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint;

1. Business registration certificate, summary information of delinquent taxpayers, details of arrears of insurance premiums for each place of business, verification of fact, statement of delinquent tax amount, statement of arrears of four major insurance premiums, statement of transactions of enterprise banks, statement of transactions of Korean banks, statement of personal insurance premiums (health/pension), notice/payment status, and certificate of deposit transaction records;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (informating written judgments);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with labor as a matter of choice (with regard to the erroneous recognition of the defendant, considering the poor circumstances after committing the crime and the failure to recover from damage);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;