A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On August 20, 2020, the Defendant was sentenced to six months of imprisonment for fraud and one year of suspended execution at the District Court of the Republic of Korea on August 20, 202, and the above judgment became final and conclusive on August 28, 2020.

Criminal facts

On May 2016, the Defendant: (a) On May 1, 2016, the Defendant: (b) C, who became difficult to find out the financial circumstances of the restaurant that was operating a restaurant in the Southern-si, Namyang-si; (c) disposed of the suspension of indictment on the same day

In order to say, “a person who knows money through a person who wants to obtain money,” C intended to obtain money from the victim D, who is the father of an elementary school-friendly district, through a financial account in the name of the defendant.

According to the above mother, C shall pay the principal to the victim in Bupyeong-gu, Incheon, a residence of the victim on May 11, 2016, with the interest of KRW 200,000 per month from the victim's "4,00,000,000,000 to the victim."

The term “a deposit for a commercial building leased in Namyang-ju may be repaid if the deposit is deducted from the deposit amount of 30 million won.”

However, even though the Defendant and C had imported the restaurant at the same time at KRW 3 million per month, it was necessary to pay the principal and interest of KRW 30 million per month, and KRW 50 million per month, and the rent deposit for the restaurant operated at the same time was thought to have been repaid to others, so there was no intention or ability to pay the money borrowed from the victim.

On May 12, 2016, the Defendant and C received from the injured party the remittance of KRW 40 million from the F Bank account (Account Number:G) in the name of the Defendant’s name as the borrowed money.

Accordingly, the defendant, in collusion with C, received property from the injured party by deceiving the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of the loan certificate, the details of damage transfer, and the monthly rent contract for commercial buildings;

1. Previous convictions: inquiries into criminal history, each written judgment (the Court's District Court Decision 2019, 797, 797, 2011).