A defendant shall be punished by imprisonment for one year.

Criminal facts

On May 2, 2010, the defendant was sentenced to a suspension of the execution of 8 months in Busan District Court for fraud, for the same year.

6.2. The ruling becomes final and conclusive and is currently in the grace period.

In around 2010, the Defendant got away from gambling and was unable to pay interest on the debt borrowed from gambling money. The Defendant was willing to borrow money even if he borrowed money, but did not have intent or ability to repay it, he was willing to defraud money by using the pro rata with the victim B, who is a work partner.

Therefore, on June 16, 2010, the Defendant was transferred KRW 85,90,000,000 to the national bank account in the name of the Defendant from August 22, 2011, from that time, to August 22, 201, on the street of the new bank located in the Dong-dong, Busan, the Defendant made a false statement to the victim stating that “I will receive monthly payment if I would have no interest on bonds, and will repay the money immediately.” The Defendant received KRW 1.5 million from the victim to the national bank account in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning B;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report attached to written judgments);

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

1. It is so decided as per Disposition for the reasons under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes;