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

Punishment of the crime

[criminal power] On October 25, 2018, the Defendant was sentenced to imprisonment with prison labor for six months and one year of suspension of execution for violating the Act on the Registration of Real Estate under Actual Titleholder’s Name in the Daejeon District Court’s Branch on October 25, 2018, and the judgment was finalized on November 2, 2018.

【Criminal Facts】

On March 13, 2018, the Defendant made a false statement to the C Office located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seoul, that “The Defendant would lend money for the management of the company to the victim D, who is the branch of the company, and make it possible for the victim D to pay the money.”

However, in fact, the Defendant borrowed money from the victim and was planning to consume money for gambling in the Philippines, other than the company operating funds, and did not have any intent or ability to repay the money due to the absence of any particular property.

Nevertheless, the Defendant: (a) by deceiving the victim, caused the victim to borrow money from E around that time; (b) received 6 million won in cash from the victim; and (c) received 34 million won in cash from G account in the name of F (H) in the name of branch; and (d) obtained F to exchange 34 million won in the currency of the Republic of Korea, thereby obtaining the total amount of KRW 40 million in the name of the victim.

Summary of Evidence

1. D's statement among the suspect interrogation protocol of the police against A

1. Statement made to D by the police;

1. Each investigation report (FF currency of a witness), text message details, investigation report (in relation to the FF account of a witness), each investigation report (indition D), investigation report (indition of a complainant), and details of account transactions;

1. References to inquiries, such as criminal records, and application of statutes;

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

1. The reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act constitute concurrent crimes under the latter part of Article 37 of the Criminal Act, and thus, the sentencing criteria do not apply.

The amount of fraud is considerably high as 40 million won.

The crime is denied.