A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

1. On May 24, 2015, the Defendant, who committed the crime of fraud, called the victim B on May 24, 2015 to the victim B in the B, Nam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seoul, and leased KRW 3 million as it is insufficient to supply the wage to those who work in the current order and do not have to supply the wage. Since he/she would have to receive construction payment after a week, he/she would be paid a full payment.

However, the Defendant did not have any particular property at the time and did not have any intent or ability to complete payment even if he/she borrowed money from the lender due to a debt.

The defendant deceivings the victim as above and transferred KRW 3 million to the new bank account (C) in the name of the defendant on the same day from the victim.

2. On June 10, 2015, the Defendant, who committed the crime of fraud, called the victim from the off-dong of Gwangjubuk-gu around June 10, 2015, and borrowed the Plaintiff with “The Defendant is currently under custody and is going to Seoul, and is going to Seoul.” The Defendant borrowed KRW 12 million,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

Before the above date, KRW 15 million will be paid in full,00,000,000.

“However, there was no criminal defendant-friendly detention, and even if he/she borrowed money, he/she did not have the intention or ability to complete payment.”

The defendant deceivings the victim as above and transferred 12 million won to the above account under the name of the defendant on the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of specifications of transactions), investigation reports (Attachment of details of financial transactions);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria (the sum of gain amounts is a concurrent crime of the same kind) [the scope of the recommended punishment] general fraud.