A defendant shall be punished by imprisonment for one year.

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

On October 23, 2019, the Defendant was sentenced to a fine of three million won as a crime of fraud to the Seoul Southern District Court on December 23, 2019, and the said judgment has become final and conclusive on December 10 of the same year.

Criminal facts

Around 197, the Defendant lost his house owned by the Defendant as an auction due to the repayment of the guaranteed obligation owed by his wife. From around 1999, the Defendant paid interest on the remainder of the obligation in the absence of any other income from his wife, but the total amount of interest on the remainder was extended to KRW 185 million due to the delay in repayment of principal and interest, etc., which led to the aggravation of financial status, such as the delayed repayment of principal amounting to KRW 185 million. On September 3, 2010, the Defendant filed a petition for bankruptcy on December 20, 2010, and was decided to grant the exemption of liability on April 26, 2011.

In addition, the defendant received the request from the branch of B around 2010 and borrowed money from the branch of B with the loan of KRW 100 million loan to B, but it was not repaid from B, and there was a situation where the defendant should lend money from another person for repayment.

Since 2009, the Defendant made a statement to the victim C, which was known to the Defendant from around 2009, that “I will pay the principal by paying the interest every month if I lent the money to the victim,” “I want to pay the principal even if I want to lend the money to the victim, if I want to pay the money. I want to see how I want to open the money to the father. I want to do so.”

However, in fact, even if the defendant borrowed money from the victim with a bankruptcy petition in the amount of KRW 200 million already borne by the defendant, there was no ability to pay the principal as well as the ability to pay the interest in time.

As above, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim in cash immediately and acquired it in cash, from that time, and acquired KRW 73 million through 30 times from June 20, 2017, as shown in the attached crime inundation list, from June 20, 201.

Summary of Evidence

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