A defendant shall be punished by imprisonment for four months.

except that the execution of a sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 16, 2014, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Southern District Court, and the said judgment became final and conclusive on September 5, 2014.

Criminal facts

On June 27, 2013, the Defendant purchased D Kanche vehicle from the Cagency located in Eunpyeong-gu Seoul Metropolitan Government, and made a false statement to the effect that the Defendant would repay KRW 30.6 million to the victims E-stock companies by means of equal principal and interest repayment between 60 months if the Defendant borrowed 30.6 million won to the victims E-stock companies.

However, in fact, in order to raise a new business fund due to the lack of the real properties in operation, the Defendant purchased a vehicle in the name of the Defendant and then sold the vehicle to another place immediately, and there was no intention or ability to repay even if he/she received a loan from the victim, there was no property owned at the time.

Ultimately, the Defendant, as seen above, by deceiving the victim, obtained a loan of 30 million won from the victim at the above place on July 1, 2013 and purchased the said car carriage, thereby acquiring the amount equivalent to the price.

Summary of Evidence

1. Defendant's legal statement;

1. Complaints, loan application documents, and the police statement about F;

1. Previous convictions: Investigation reports (2014No856, 201 highest 377 court rulings and attachment of case records), respective court rulings and criminal records records, and application of statutes;

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 why the sentencing of Article 62(1) of the Criminal Act is planned and the amount of damage is not so big that it is also necessary to make a strict punishment.

Provided, That the victim does not want punishment by mutual consent with the victim, and the punishment shall be determined as ordered in consideration of the equity in the case of judgment at the same time with the judgment of fraud, the reflectivity of the defendant, etc.