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

Punishment of the crime

On February 5, 2014, the Defendant was sentenced to a suspended sentence of ten months with prison labor for fraud, etc. at the Incheon District Court, which became final and conclusive on October 30 of the same year.

Around March 2011, the Defendant, at a coffee shop, in which it is impossible to know the trade name on the E 1st floor located in Bupyeong-gu Incheon, Bupyeong-gu, the Defendant decided to make an investment in the land with respect to “the Defendant has any person live in the land.” The Defendant, together with the purchaser of the land, decided to make an investment in the land. The land may be used as a gate-type moving-type house in a container. However, the Defendant is a business indemnity. However, the Defendant may not live in the entire land. The Defendant purchased the shares of I and then lent the shares of I to purchase the shares of I, which are similar to the shares of this mother (victim) and then borrowed the amount of KRW 40,00,00.”

However, even if the Defendant borrowed money from the victim, the Defendant purchased I’s shares, and did not have the intent or ability to dispose of the shares of the victim with respect to the land without any jurisdiction, and was thought to use 40 million won borrowed from the victim for the purpose of personal living expenses, etc., and did not have the intent or ability to pay the borrowed money.

As above, the Defendant, by deceiving the victim as above, received a total of KRW 40 million from the victim to the Agricultural Cooperative (K) account under the name of J, the spouse of the Defendant, on March 14, 201; KRW 20 million around March 31, 201; KRW 10 million around March 31, 201; and KRW 10 million around June 9, 201.

Summary of Evidence

1. Legal statement of witness G;

1. Examination protocol of the accused by prosecution;

1. Recording records;

1. An investigation report (attaching details of deposit and withdrawal transactions in the J account);

1. Previous convictions in judgment: Criminal records and investigation reports (the application of recent criminal records and investigation reports by a suspect and attachment of written judgments);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;