A defendant shall be punished by imprisonment for two years.

Punishment of the crime

On December 22, 2017, the Defendant was sentenced to one year of imprisonment and six months of imprisonment for fraud, etc. at the Daegu District Court on December 22, 2017, and the judgment was finalized on the 30th day of the same month, and operated B, a toilet suspension distributor.

On August 2015, the Defendant stated that “The Defendant would receive a loan from a financial institution after importing 100 million won from the side,” at the E office operated by the victim D, which was operated by the victim D, who was in Musan C, Hackman.

However, the Defendant was thought to use the money borrowed from the victim as gambling money in a foreign gambling place, including Hong Kong and Marcara, without a suspended manufacturing machine import plan, and there was no intention or ability to pay the money properly even if he borrowed money from the victim due to the lack of a plan to obtain a loan from a financial institution.

As such, the Defendant, by deceiving the victim as such, received KRW 100 million from the victim as the borrowed money on or around September 7, 2015, and received 47 million won from the victim on or around the 14th day of the same month under the pretext of the borrowed money, and received 78 million won on or around the 17th day of the same month, 10 million won on or around the 24th day of the same month, and 96 million won on or around the 10th day of the same year, and 24 million on or around October 14 of the same year, respectively.

As a result, the Defendant received a total sum of 45 million won from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the certificate of transfer or the certificate of borrowing;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. In full view of the circumstances below the reasons for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act and other records, such as the defendant's age, occupation, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, and the various conditions of sentencing as shown in the argument of this case, the punishment shall be determined as ordered.

Unfavorable circumstances: the defendant is the victim.