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

Punishment of the crime

[Criminal record] On November 20, 2014, the Defendant was sentenced to eight years of imprisonment for fraud, etc. at the Daejeon District Court on November 20, 2014, and the said judgment became final and conclusive on October 29, 2015.

[Criminal facts] On November 8, 2013, the Defendant is expected to take over the F products in Gwangju to the victim E at the D coffee shop located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu.

F. To take over and borrow as a security the F, and to borrow 200 million won.

In order to use 20 million won as the down payment, it shall be lent to the 20th of the same month.

“A false statement” was made.

However, the Defendant entered into a contract with G hotel in Daejeon only on condition of exchanging the above F cases with G hotel in Daejeon, and the Defendant entered into a contract to take over G hotel in Daejeon at KRW 3.3 billion on July 3, 2013 and paid a down payment of KRW 50 million and did not pay any balance by August 31, 2013, and thus the contract to take over a hotel was invalidated. At the time, the Defendant was a bad credit holder and was designated as a fraud, even if having received money from the injured party as a loan, there was no intent or ability to pay the said money to the victim by taking over the F1 as collateral.

On November 8, 2013, the Defendant, by deceiving the victim, received 18 million won from the victim to the post office account in the name of H (State) operated by the Defendant on November 8, 2013.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police for E;

1. Investigation report (report on the details of telephone communications with witnesses I);

1. A copy of the passbook, a loan certificate, a statement of account transactions at H, an agreement, and a G hotel real estate transaction contract;

1. Previous records of judgment: Investigation report (report attached to the judgment of the criminal suspect A's fraud case), reporting the results of confirmation of the previous records of the disposition, and applying Acts and subordinate statutes after inquiry;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The Criminal Act dealing with concurrent crimes;