A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Records] On June 15, 2017, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the Seoul Central District Court, and the above judgment became final and conclusive on the 23th of the same month.

[Criminal facts] The Defendant, at around February 2014, phoneed the victim D, who was an elementary school, in the frequency of Jongno-gu Seoul Metropolitan Government C located in Jongno-gu, Seoul, to use it promptly.

A false statement was made that “I will use only one loan with money and pay the money immediately.”

However, in fact, the Defendant was planned to use the money borrowed from the injured party as the money for gambling, but not only did the possibility of punishing the money through the above gambling but also did not have any intent or ability to repay the money even if he borrowed money from the injured party, because he was responsible for the debt of about KRW 100 million.

Around March 3, 2014, the Defendant: (a) by deceiving the victim as above; (b) received 2.7 million won from the victim; (c) by deceiving the victim as above; (d) received 100,000 won from the company bank account (F) in one’s name by deceiving the victim; and (e) by deceiving the victim in the same manner on the 22th of the same month; and (c) received 13.7 million won from the said company bank account (F) by remitting the victim to the said bank account; and (d) received 13.7 million won in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A certificate of deposit confirmation, a financial transaction with the principal, or a loan certificate;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous judgment and confirmation of the intention to acquire the suspect) Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act and Article 347 of the Criminal Act as to the facts constituting an offense, and the choice of imprisonment;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is the defendant's previous conviction, the damage has not been completely recovered, while the degree of deception is the degree of deception.