A defendant shall be punished by imprisonment for not more than ten months.

except that 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

[criminal power] On May 3, 201, the Defendant was sentenced to two years of suspended sentence to one year of imprisonment with prison labor for embezzlement, etc. in the Daegu District Court branch on May 3, 201, and two years of suspended sentence to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), on August 26, 2016 in the same court, two years of suspended sentence and one year of imprisonment with prison labor for four months, and on December 22, 2017 in the same court, two years of suspended sentence to six months of imprisonment with prison labor for the same crime.

【Criminal Facts】

On December 29, 2009, the Defendant stated that “A head office located in Ansan-si, Dong-si, Dong-si, a new construction of an apartment is being carried out, and the funds are insufficient. If the Defendant borrowed KRW 95 million from F with the loan from F, the Defendant would immediately repay the apartment construction cost if the loan was made.”

However, from the beginning of 1990, the Defendant was liable for the guaranteed debt of KRW 6-700 million and personal debt of KRW 6-700,000,000,000 as credit bad, and the property owned was in excess of the debt-free. The construction period of the above E apartment is longer expected, and the construction fund is insufficient, and the Defendant was unable to repay the loan to the Defendant, and the creditors did not have any intent or ability to repay the loan to the Defendant even if the Defendant borrowed money from the victim.

Nevertheless, the Defendant received 95 million won from the victim to the F account (G) in the name of the victim using the Defendant as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Performance notes and cooperation in investigation;

1. Previous records of judgment: Criminal records and application of statutes governing judgment;

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

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: