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

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

Criminal facts

On October 16, 2014, the Defendant was sentenced to a suspended sentence of ten (10) months of imprisonment for fraud in the Changwon District Court was sentenced to a suspended sentence on October 24, 2014, and the said judgment became final and conclusive on October 24, 2014.

On January 2012, the Defendant concluded that the “E Council member” operated by the husband of the victim D, who was in the Hoyang-si of the Defendant, was false to the Defendant that “if the Defendant lent KRW 10 million to use it as the FC’s prepaid payment, the Defendant would pay the principal to the Defendant KRW 200,000 per day if the Defendant borrowed it to use it as the FC’s prepaid payment.”

However, in fact, the defendant paid 40,000 won (per month 12 million won) each day with the principal and interest of bonds at the time, and since the Fda operated by the defendant was in the state of deficit every month, the defendant did not have any intent or ability to repay it even if he borrowed money from the victim.

Nevertheless, on January 5, 2012, the Defendant received cash of KRW 10 million from the victim as a loan money, from the victim, from the victim, from the time to February 5, 2013, and acquired KRW 76.2 million through a total of eight times, such as the list of crimes, from the time to February 5, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant's partial statement in the first protocol of trial;

1. Statements of witnesses G in the sixth trial records, and statements of witnesses H in the seventh trial records;

1. Examination protocol of the accused by prosecution;

1. Partial statement of each police interrogation protocol against the accused (including the substitute part);

1. Statement made to D by the police;

1. A copy of each loan certificate, each loan certificate, each written confirmation of the details of transactions, three copies of savings deposit transactions, case guards, and passbook;

1. Records before and after judgments: Application of Acts and subordinate statutes governing criminal records, replys to criminal records, and smuggling of the Changwon District Court, which are applied by the Changwon District Court;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under the Criminal Act;