A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

[Criminal Power] On April 22, 2016, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Eastern District Court, and the said judgment became final and conclusive on July 27, 2016.

【Criminal Facts】

1. On November 7, 2012, on November 7, 2012, the Defendant made a false statement to the victim B that “if he/she runs a business of importing release on bail while he/she lends 25 million won of the funds received on bail from a foreign country, he/she shall pay interest on the two-month interest and return the principal after one year.”

However, the Defendant did not proceed with the release on bail and invested 1.2 billion won in money from May 201 to September 201, but failed to recover the amount of money of 1.2 billion won in a multi-level company operated by C from May 2012, the Defendant paid a monthly fixed amount of profit and repaid the principal, and even if the Defendant borrowed money from the victim, such as the card company and other financial institutions without any particular income or property, the Defendant did not have any intent or ability to pay the interest and return the principal.

The Defendant, by deceiving the victim as such, received KRW 25 million from the victim to the Defendant’s bank account (E) under the pretext of borrowing money on the same day.

2. On December 10, 2012, the Defendant made a false statement to the effect that “Around December 10, 2012, the Defendant borrowed KRW 5 million from the victim, if he/she borrowed KRW 5 million, he/she would repay the victim with KRW 25 million.”

However, even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to pay the principal by paying the interest as promised.

The Defendant, as such, by deceiving the victim, received KRW 5 million from the victim to the above D Bank account under the pretext of borrowing money from the same day.

Summary of Evidence

1. The defendant's partial statement in court room B of witness B;

1. Protocol of the police statement concerning B;

1. Money lending and borrowing contract, promissory note, and.