A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal records] On February 14, 2018, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Changwon District Court on October 201, and the judgment became final and conclusive on February 22, 2018.

[2] On January 25, 2013, the Defendant made a false statement to the victim C at the office of the branch office of the KRB life insurance (KDB life insurance) located in ancient Dong-dong on January 25, 2013, stating that “In the event that he/she lends money to the victim C, he/she will pay the principal within two years for each month, and will pay the principal within two years for the insurance work.”

However, at the time of fact, the Defendant was liable to pay approximately KRW 290 million in total, and most of the above insurance companies were paid with interest on loans, premiums, team expenses, and operating expenses, etc., so even if the Defendant borrowed money from the injured party, there was no intention or ability to pay such money normally.

The Defendant received KRW 40 million from the injured party on January 25, 2013, KRW 15 million on February 5, 2013, KRW 20 million on March 11, 2013, and KRW 75 million on March 11, 2013 from the Defendant’s national bank account (D).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Process certificates, details of deposits, details of account transactions, personal credit information;

1. Each investigation report (Attachment of details of account transactions of a suspect, attachment of suspect loan records, and analysis of account records of a suspect after borrowing);

1. A report on investigation (Submission of reference materials for suspects);

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report on investigation (Attachment of suspect's separate judgment, etc.);

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Services Criminal Act is that the victim intentionally commits a deceptive act, such as promising that he/she would not receive any money due to the Defendant’s economic difficulties, but expected to expect interest at a high rate and to lend money.