A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal record] On October 5, 2015, the Defendant was sentenced to a suspended sentence of four months of imprisonment as a crime of fraud in the Daejeon District Court’s Incheon District Court’s Branch on April 5, 2015, and the said judgment became final and conclusive on October 13, 2015.

[Criminal facts]

1. On August 19, 2015, the Defendant: (a) sent a phone call to the victim B on the influent land on August 18, 2015; and (b) borrowed a loan of KRW 17 million from the time the expenses of the influent parents were urgently required; (c) the wife became aware of the fact; (d) the Defendant sought that KRW 10 million was required; (c) the Defendant borrowed a loan to the victim B; and (d) the said money would have been repaid until August 24, 2015.

However, there was no fact that the Defendant lent the hospital fee of the relative parent, and there was no particular property and income, so even if he received the said money from the injured party, he did not have the intent or ability to repay the said money to the injured party up to August 24, 2015.

Defendant deceptioned the victim as above, and acquired 9.8 million won from the victim to the Agricultural Cooperative Account in the name of the Defendant through three times around August 19, 2015.

2. On August 21, 2015, the Defendant committed the fraud, which was committed on August 21, 2015, concluded that “If the Defendant took a card with a large number of wife, and there is no money at present, the Defendant would make a false statement that the Defendant would make a full payment of KRW 15 million by adding up the money at the existing level of KRW 10 million, if he/she lends KRW 5 million to the Defendant’s company with his/her wife around March 21, 2015.”

However, even if the Defendant did not receive the said money from the injured party due to no particular property or income, he/she did not have any intent or ability to repay the said money until August 24, 2015.

The defendant deceivings the victim as above and acquired 5 million won from the victim to the above account on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. B. Among the protocol concerning the interrogation of the suspect against the defendant;