A defendant shall be punished by imprisonment for one year.

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

[Criminal Power] On March 8, 2018, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Eastern District Court, and the said judgment became final and conclusive on March 16, 2018.

【Criminal Facts】

On March 27, 2017, the Defendant made a false statement to the victim B, “If he/she lends KRW 100 million to the victim B, he/she shall operate his/her business with the said money and make profits every month, and he/she shall pay the principal after one year, while he/she has opened his/her previous business with the remainder of profits, and he/she shall repay the principal after one year.”

However, at the time, the defendant was appointed as a fraud and was in an escape life, and even if he did not have any specific property due to bad credit standing, he did not have any intent or ability to pay the money from the victim.

As such, the Defendant, by deceiving the victim, received 100 million won cashier's checks from the victim, namely, in borrowed money, from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Details of loan certificates and cashier's checks issued;

1. Text messages and photographs between the suspect and the complainants;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

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. The reason for sentencing of Article 62-2 of the Social Service Order Act (the defendant's health is not good, but it is possible to provide community service activities in various ways by utilizing his or her career as a member E or his or her music talent) under Article 62-2 of the Act on the Suspension of Execution, and the reason for the use of the check, which has been delivered as a reason for sentencing, in particular, some of the funds have been paid to F as the introduction fee, and the money has been personally consumed during the remainder of the funds, and there has been no means to repay the profit-making business with no intention or ability to do so.