A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On September 11, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for fraud at the Suwon District Court for the purpose of fraud on September 19, 2015, and the judgment became final and conclusive on September 19, 2015. On November 7, 2017, the Defendant was sentenced to three months of imprisonment with prison labor and ten months of imprisonment with prison labor for the same crime, and the judgment became final and conclusive on February 8, 2018.

On March 2015, the Defendant, at the office of lease of apartment in the Yancheon-gun, Gangwon-do, Seocheon-gun, the Defendant, “The 6 lots of land was awarded a successful bid with the auction in the Ycheon-gun, and if he borrowed the name to pay the successful bid price, he/she will arrange all the loans and the ownership of real estate within one month after receiving the loan and paying the successful bid price.

The phrase “ makes a false statement.”

However, at the time of fact, the Defendant had no intention or ability to repay the loans that he received in the name of the victim due to economic difficulties such as filing an application for personal rehabilitation with the Chuncheon District Court around February 15, 2015, or to transfer the ownership of the said real estate in the name of the Defendant, etc.

Ultimately, on March 27, 2015, the Defendant, by deceiving the victim as above, obtained a loan of KRW 26 million in the name of the victim from Y located in X in Jung-gu Seoul, Jung-gu, Seoul, and caused the victim to bear the debt, thereby obtaining pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol of the police concerning V;

1. A written confirmation of financial transactions, a loan transaction agreement, and a certified copy of real estate register;

1. Previous convictions in judgment: The application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of judgment);

1. Relevant legal provisions concerning criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, the choice of imprisonment (the term of imprisonment shall be determined, taking into account the fact that the punishment has not been restored to the present time and the degree of damage has not been determined, taking into account the fact that the punishment is to be determined concurrently with the crime committed before the final judgment, equity in sentencing with cases where the judgment is to be rendered,

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act: