A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

【Criminal Force】 On December 6, 2019, the Defendant was sentenced to three years of suspension of the execution of imprisonment with prison labor for fraud, etc. at the Seoul Central District Court, and the judgment became final and conclusive on the 14th of the same month.

【Criminal Facts】

1. On July 23, 2018, the Defendant concluded that “The Defendant shall repay the card payment to the victim C at the mutual infinite coffee shop in Gangnam-gu Seoul, Seoul, and the first floor, 10 days after lending money.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

The Defendant, by deceiving the victim as above, received five million won from the victim to the post office account (D) in the name of the Defendant.

2. Around August 13, 2018, the Defendant made a false statement to the victim C at the same place as above (i.e., the victim C, stating that “if the Defendant lends KRW 5 million to the victim, he/she will repay the borrowed money to the victim at once.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

The Defendant, by deceiving the victim as above, received five million won from the victim to the post office account (D) in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Each complaint;

1. Report on investigation, certificates of details by account, and details of account transactions;

1. A previous conviction: A criminal investigation report (related to criminal records) and the Seoul Central District Court Decision 2019No918 asserts that the defendant had no intention to acquire money from the victim at the time of borrowing money.

Comprehensively taking account of the evidence duly adopted and examined in this court, the Defendant appears to have not much left the account of the Defendant at the time of receiving money from the victim and not to have received regular income. In light of all the circumstances such as the Defendant’s economic situation at the time of the instant case and the horses and actions that the Defendant was the victim before and after the instant case, at the time of the instant case.