A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 7, 2012, the Defendant was sentenced to two years of imprisonment and three years of suspended execution for fraud, etc. at the Seoul Central District Court on May 26, 2012, and the judgment was finalized on May 26, 2012. On December 21, 2012, the Daejeon High Court sentenced three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Daejeon High Court on December 21, 2012, and

On June 25, 2008, the Defendant: “The Defendant borrowed money from the victim C to recover any damages incurred while making a multilevel,” and accordingly, the victim remitted the Defendant, under the pretext of the loan, the sum of KRW 20 million on June 25, 2008, KRW 1 million on July 4, 2008, KRW 1 million on July 17, 2008, KRW 10 million on August 5, 2008, and KRW 20 million on August 5, 2008.

However, at the time of the victim's occurrence of multi-stage fraud, the Defendant did not have sufficient resources to recover 80,019,450 won or any other profit to repay 20,000 won of the above loan. However, the Defendant was only able to consume the above loan by investing it in living expenses or illegal gambling games.

As above, the Defendant deceivings the victim during the period from June 25, 2008 to August 5, 2008, thereby deceiving 20 million won of money owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Search, seizure, verification warrant and execution data;

1. Previous records: Application of criminal records and investigation reports (Attachment to written judgments, etc. of a suspect) and statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The fact that the defendant committed again the crime of fraud in this case again to the victim who has been damaged by the previous conviction in the judgment, and circumstances favorable to the fact that the amount of fraud is not significant: The same shall apply to the previous conviction