A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On May 15, 2013, the Defendant was sentenced to a suspended sentence of 8 months for fraud at the Seoul Central District Court, and the judgment became final and conclusive on May 23, 2013.

피고인은 2011. 9. 27.경 인천 남구 C에 있는 피고인이 운영하는 D 매장에서 피해자 E에게 전화하여 “울산에 큰 고객이 대량으로 금을 주문하여 매입자금이 필요하니 돈을 주면 금을 매입하여 시세차익을 남겨 나눠갔고 원금은 돌려주겠다”고 거짓말하였다.

However, the facts are as follows: (a) the Defendant had engaged in precious metal-related business without his own funds at the time; (b) the Defendant had a large amount of debt due to the shortage of funds due to the increase of the store and the shortage of funds; and (c) even if he received money from the victim by using the money from the Defendant for the repayment of the Defendant’s debt, he purchased the money, and did

Nevertheless, by deceiving the victim as such, it was transferred from the victim to the national bank account under the name of husband F on September 27, 201, under the pretext of the Defendant’s husband’s money investment, KRW 20 million. On March 26, 2012, the Defendant transferred KRW 85 million to the bank account in the name of G, and on April 16, 2012, the Defendant received KRW 5 million in total from the corporate bank account in the name of the Defendant to the corporate bank account in the name of the Defendant and received KRW 110 million in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The chief of a complaint, and coal applications;

1. A report on investigation (in cases of entrance and exit transactions submitted by a suspect, accompanied by details of such transactions);

1. Previous records: Criminal records, etc. and the application of investigation reports (a final and conclusive judgment of the same type of crime as a suspect) or other Acts and subordinate statutes;

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

1. The reason for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act that the defendant led to the crime of this case and reflects it, and the victim does not have received any repayment.