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

Punishment of the crime

On May 31, 2011, the Defendant was sentenced to a suspended sentence of one-year imprisonment at the Incheon District Court for fraud, and on June 8, 2011, the judgment becomes final and conclusive and is currently in the grace period.

On October 27, 2009, the Defendant lent 30 million won to the victim D at the Incheon House Parking Site located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and made a statement to the victim. On February 12, 2010, the Defendant loaned 5 million won to the victim at the place of fire on March 25, 2010, two million won to the victim at the place of fire on March 25, 2010, six million won to the victim at the place of fire on April 19, 2010, and one million won to the victim at the place of fire on June 25, 2010.

However, while there was no special property or income, there was no intention or ability to repay money from the victim even if it was borrowed money from the victim.

Accordingly, the Defendant, by deceiving the victim and deceiving it from the victim on October 27, 2009, acquired KRW 30 million from the victim as a new bank account under the name of the Defendant on February 12, 2010, KRW 5 million from the agricultural bank account under the name of the Defendant on March 25, 2010, KRW 2 million from the agricultural bank account under the name of the Defendant on March 25, 2010, KRW 67 million from April 19, 2010, and KRW 10 million from the agricultural bank account under the name of the Defendant on June 25, 2010 to the agricultural bank account under the name of the Defendant on June 25, 2010.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Grade D of the protocol of interrogation of the accused by the prosecution

1. Application of the police statement law to D;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes and the reasons for conviction;

1. The defendant asserts that he did not borrow money from the victim, but did not have a deceptive act and did not have a criminal intent to acquire money.

Each evidence mentioned above and each such evidence.