A defendant shall be punished by imprisonment for a period of two months.

An application for compensation by an applicant for compensation shall be dismissed.

Punishment of the crime

On April 14, 2016, the Defendant was sentenced to one year of imprisonment for fraud to the Chuncheon District Court on September 1, 2016 and such judgment became final and conclusive on September 1, 2016.

Around December 24, 2015, the Defendant lent KRW 20 million to the victim E’s residence in Gangwon-gun, Gangwon-do, to the victim as security at KRW 307 dong 603, the F apartment owned by the Defendant. By the end of March, 2016, the Defendant stated that “The victim would have confirmed the tenant in the said apartment, and thus, would have sufficient collateral value” to the effect that the Defendant’s resident registration certificate was stated as “no rent” and delivered to the victim.

However, the above apartment house was occupied by the lessee in addition to the right to collateral security equivalent to KRW 21.6 million with the maximum debt amount set up in the Agricultural Cooperatives, while the appraisal of the above apartment house was not worth KRW 250,000,000,000, and there was no collateral value. The defendant had a loan obligation of KRW 168,000 to the Agricultural Cooperatives, an individual debt of KRW 168,000,000, and there was no intent and ability to repay the borrowed loan normally under the pretext of other living expenses, etc.

The Defendant, by deceiving such a victim, received 20 million won from the victim on the pretext of the loan, in other words, from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. E prosecutorial statement;

1. A report on rights, an application for demand for distribution, a certified copy of resident registration, a copy of the loan certificate, a written confirmation on the payment of the loan amount of twenty million won, a certified copy of resident registration, a certified copy of the registered matters, a certificate of all the registered matters,

1. Previous convictions in judgment: References to criminal records, investigation reports (A), application of Acts and subordinate statutes (including reports on the progress of trials on fraudulent cases by suspect, details of proceedings of judgments, and attachment of judgments);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes