A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[Criminal record] On August 11, 2016, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Jeju District Court for six months, and the judgment became final and conclusive on August 19, 2016.

[2] On August 9, 2016, the Defendant is insufficient to support the Defendant’s business funds in order to expand the “E” franchise business to victims D from Yangcheon-gu Seoul Metropolitan Government on August 9, 2016.

If a loan is granted and 42 million won is lent, the person who has borrowed the loan will pay it in lieu of the payment.

Of the principal, up to February 28, 2017, KRW 21 million, the remainder of KRW 21 million is to be repaid until March 31, 2017.

However, in fact, the Defendant only intended to use the money borrowed from the injured party to pay the credit payment and personnel expenses of the store store, and did not intend to use the E’s “E” franchise business expansion. The financial institution was in arrears with a debt of KRW 100 million at the time, but not only the principal and interest of the debt but also was economically difficult to repay. Thus, even if the Defendant borrowed money from the injured party, there was no intention or ability to repay the money.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) obtained money from the victim to the Daegu Bank account in the name of F to the Daegu Bank account in the name of F; and (c) obtained money from each of the 17.2,165 million won on August 10, 201, and acquired it by defrauded.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. A protocol concerning the examination of suspect with respect to F;

1. Statement made by the police against D;

1. Investigative report (in case of complaint's appearance, hearing of oral statements and reporting thereon);

1. Investigative report (in cases of reporting on hearing statements filed by complainants D);

1. Investigative report (in case of complaint's oral statement hearing report by telephone);

1. Written opinion;

1. Details of transactions with our banks;

1. Each credit information;

1. Account transactions;

1. A previous conviction: A criminal history inquiry and investigation report (the confirmation of the criminal suspect A's previous conviction and the date of final and conclusive judgment) [the defendant had the intent and ability to repay at the time of borrowing but called B.