A defendant shall be punished by imprisonment with prison labor for four months.

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

Punishment of the crime

[Criminal history] On October 11, 2016, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the Seoul Southern District Court, and the judgment became final and conclusive around that time.

[Criminal facts] On October 2014, the Defendant became aware of the victim C who was employed as an employee in marina business located in the Sungnam-si, Sungnam-si.

1. On March 2015, the Defendant: (a) committed fraud on February 2015, 2015, the Defendant: (b) made profits equivalent to KRW 5-6 million per month to the victim at the mutual infinite coffee shop located in Sungnam-si, Sungnam-si; and (c) there is insufficient deposit money to the victim.

B. A false statement was made to the effect that lending KRW 7 million to B, “The amount equivalent to KRW 1,00,000 per month shall be paid every month as a monthly profit at the shop in the Jeju-si.”

However, the Defendant had a debt equivalent to KRW 15 million from the lending company around that time, and even if he borrowed money from the damaged party due to the absence of a certain income, he did not have the intent or ability to operate the marina business with such money or to pay the victim the amount equivalent to KRW 1 million per month.

The Defendant, as above, by deceiving the victim, received a total of 7 million won, including KRW 2 million around March 4, 2015 and KRW 5 million around March 5, 2015, from the victim to the post office account in the name of the Defendant, and acquired the money by deceiving the victim.

2. On April 4, 2015, the Defendant: (a) made a false statement to the effect that “The Defendant, at the mutual infinite coffee shop located in Seongbuk-si, Sungnam-si, would make payment to the Defendant amounting to KRW 800,000 per month if he/she additionally lends money to the Defendant.”

However, the Defendant had a debt equivalent to KRW 15 million at around that time, and even if he borrowed money from the damaged party due to the absence of a certain income, there was no intention or ability to operate the marina business with such money or to pay 800,000 won per month to the injured party.

The defendant deceivings the victim as above.