A defendant shall be punished by imprisonment for six months.

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 August 19, 2009, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of fraud in the Yeongdeungpo Branch of the Daegu District Court, and the judgment became final and conclusive on August 27, 2009.

On October 1, 2007, the Defendant stated that “The Defendant would pay KRW 51,50,000,000 as a lump-sum payment by August 1, 2010, to the victim C, “The parent-gu will engage in the bond business, the profitability is good, but the operating capital is insufficient. It does not have any money.” On the other hand, the Defendant said that the Defendant would pay KRW 30,000,000 as a lump-sum payment by August 1, 2010.”

However, in fact, the defendant did not establish a detailed plan for the operation of the bond business, did not prepare sufficient business funds, and borrowed money from the person who was raised, so even if he received the money from the victim, he did not have the ability to pay the principal and interest to the victim.

Around November 19, 2007, the Defendant received KRW 5 million from the victim under the name of the Defendant to the Agricultural Cooperative account in the name of the Defendant, and KRW 15 million under the same name as the same account around November 20, 2007.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Each police statement of C or D;

1. Previous convictions in judgment: The application of Acts and subordinate statutes concerning criminal records and investigation reports (a final judgment);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

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

1. Probation and community service order under Article 62-2 of the Criminal Act;