A defendant shall be punished by imprisonment for nine months.

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

Punishment of the crime

The Defendant was sentenced to eight months of imprisonment for fraud at the Incheon District Court on February 17, 2016, and the judgment was finalized on June 17, 2016.

On December 27, 2013, the Defendant told the Victim C to the effect that “Around December 27, 2013, the Defendant would allow the Victim C to operate a restaurant by lending KRW 10 million to cover expenses incurred in attempting to enter into a restaurant contract with a box of a new construction site near the E University located in Incheon D.”

However, in fact, since the operator of the above restaurant was selected through the bidding procedure, the defendant did not have the intention or ability to allow the victim to operate the restaurant as well as did not have the intent or ability to repay the borrowed money to the victim, and even if he borrowed money in the name of the expenses for concluding the restaurant contract from the victim, some of them were thought to be used for personal purposes.

Nevertheless, as the Defendant would allow the victim to operate a restaurant, the Defendant received a false statement from the victim on December 27, 2013, and received KRW 10 million from the victim to the company bank account in the name of the Defendant on December 27, 2013, and acquired it by transfer on seven occasions from December 27, 2013 to December 21, 2015, including the transfer of KRW 96,00,000 in total from December 27, 2013 to December 21, 2015.

Summary of Evidence

1. Statement by the defendant in court (Provided, That the date of the eight public trial shall be the date set for the public trial);

1. Each legal statement of witness C and G;

1. Statement made by the prosecution with regard to H;

1. A written confirmation;

1. Previous convictions in judgment: Investigation reports and application of Acts and subordinate statutes;

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

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order (the sentencing criteria are the following concurrent crimes, since they are deadly concurrent crimes).