A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On October 19, 2016, the Defendant was sentenced to one year of imprisonment for fraud at the Daejeon District Court, and the judgment became final and conclusive.

The Defendant around October 4, 2013 through D, which is a branch of building C 107 in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant: (a) lent KRW 50 million to the victim E, and (b) repaid the interest of KRW 50 million on a monthly basis until October 4, 2014, after one year.

The F amusement shop lease contract, which is operated, will be secured by the security, and if the change is not made, the entertainment center will be waived.

"......." The above contents prepared a loan certificate and a letter, etc., and sent them to the victim along with the lease agreement.

However, the Defendant had no special property at the time, and around April 2013, at the Chungcheongnam-gun, there was no intention or ability to pay the amount of money, even if the Defendant borrowed money from others, since the Defendant used approximately KRW 400 million of operating expenses and operating expenses to operate an entertainment store, and was paid for a fixed amount of more than the amount of sales at an entertainment store by paying employee's wages, building rent, personal debt, etc.

The Defendant, by deceiving the victim as such, received 47,50,000 won from the victim to the national bank account under the name of the Defendant on the same day as the loan money from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police statement made to E in each protocol;

1. Statement of the investigation report (the fact that the suspect is pending in trial, etc.);

1. Application of the Acts and subordinate statutes stated in the investigation report (report attached to the suspect A appellate court judgment);

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

1. The latter part of Article 37 of the Criminal Act that treats concurrent crimes: Provided, That such consideration shall include reflectivity and the scale of the sentencing of Article 39(1) and the latter part of Article 37 of the Criminal Act;