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

On January 14, 2016, the Defendant was sentenced to two years and four months of imprisonment for fraud, etc. at the Daejeon District Court on January 22, 2016, and the judgment became final and conclusive on January 22, 2016. On April 15, 2016, the Daejeon District Court sentenced four months of imprisonment for fraud, etc., and the judgment became final and conclusive on April 23, 2016.

Criminal facts

On October 30, 2013, the Defendant concluded that “E,” located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul, would make a false statement to the victim C, stating that “If it is difficult to pay the money by using bonds, it shall be paid only two months.” If it is not possible to pay the money, the Defendant would bring about a mutual security deposit of “E” located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu.

However, in fact, the Defendant thought that he would transfer the above security deposit to another person, and had no specific income or property at the time, and had been using the loan amount of about KRW 150 million for the repayment of other debts, so there was no intention to repay the loan even if he borrowed money from the victim, and thus there was no intention to do so.

The Defendant, by deceiving the victim as above, received KRW 30 million from the victim to the NongHyup Bank account in the name of F.

Summary of Evidence

1. The police statement of the defendant's legal statement C, the receipt of the police statement, the commercial building lease agreement, and the deposit transaction protocol;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, results of case search, application of 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. The Defendant, with the reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing following the suspended sentence), by deceiving the victim and deceiving him of KRW 30 million as the borrowed money by means of hiding the economic situation and making a false statement that he/she will provide a security, as stated in its reasoning.

This shall be considered as the principal situation, and the defendant.