A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal history] On June 16, 2017, the Defendant was sentenced to imprisonment with prison labor for fraud at the Jeonju District Court’s Militarysan Branch on the 24th of the same month, and the judgment became final and conclusive on the 24th of the same month.

[2] On August 12, 2016, the Defendant made a false statement to the victim E company office working in the Sinsan-si, Sinsan-si, that “The Defendant would pay the victim the interest of five parts per month and pay the interest of 30 million won on September 5, 2016 if the Defendant lent the 30 million won to the Han who know well operating the clothes house in Jeonju-ju to the Han,” and at the same place on September 23, 2016, the Defendant made a false statement that “The Defendant would lend money to another person for the supply of money to the victim, and would pay the 20 million won interest on the 5th of each month if the Defendant lent the 20 million won interest to the other person at the same place on September 15, 2016.

However, in fact, the defendant thought that he would use to pay interest on other debts by lending money from the damaged party, and because the debt without any special property is equivalent to KRW 200 million and monthly income was paid in a amount equivalent to KRW 15 million per month or interest per month, there was no intention or ability to pay even if he borrowed money from the damaged party.

Defendant deceiving the victim as above, and was transferred from the victim to the victim, the sum of KRW 30 million to the post office account (F) in the name of the Defendant around August 12, 2016, and KRW 50 million to the same account around the 24th day of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a loan certificate;

1. Article 347(1) of the Criminal Act (a comprehensive fraud) and the choice of imprisonment with prison labor for the crime;

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 37, Paragraph 1, Article 39, of the Criminal Procedure Act is not less than 37;