A defendant shall be punished by imprisonment with prison labor for three months.

Punishment of the crime

[criminal records] On September 30, 2010, the Defendant was sentenced to a suspended sentence of two years for a period of ten months for fraud at the Seoul Eastern District Court, and the judgment was finalized on October 8, 2010. On October 17, 2017, the Seoul Western District Court sentenced eight months to imprisonment for a crime of fraud at the Seoul Western District Court, and the judgment was finalized on April 20, 2018.

[2] On February 7, 2010, the Defendant made a false statement to the victim E, stating that “The Defendant would make a business of exchanging the money of the Gu with the money of 35 million won in the new right currency” to the victim E at a restaurant where it is difficult to know the neighboring trade name of the D golf course located in Yangsan-si, Yangsan-si, the Defendant would make a full payment within one month and pay interest.”

However, in fact, the defendant did not engage in the business of exchanging the old money in the new money, and thought that he would use the money received from the damaged person to repay his personal debt, so even if he borrowed the money from the damaged person, he did not have an intention or ability to repay it.

The Defendant received 35 million won as a loan from the injured party on February 8, 2010.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Part concerning the F statement of each police suspect interrogation protocol against the defendant

1. A copy of a loan certificate or a certificate of seal imprint;

1. Details of transactions through the Internet banking;

1. A written statement of performance;

1. Records of the judgment: The provision of a written reply to inquiry, such as criminal history, the text of the judgment, the judgment of the relevant case, and summary of the case before and after the disposition, and the application of the text of the judgment of the Seoul Western District Court Decision 2018Do3970 and the text of the judgment of the Seoul Western District Court Decision 2017No

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act: