A defendant shall be punished by imprisonment with prison labor for four months.

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

Punishment of the crime

[Criminal Power] On September 4, 2019, the Defendant was sentenced to two years of suspension of the execution of imprisonment for a period of six months for fraud, etc. at the Jung-gu District Court, which became final and conclusive on September 12, 2019.

【Criminal Facts】

1. On August 8, 2017, the Defendant falsely stated that “C” in the Defendant’s operation “C,” which is located in Sacheon-si, Pacheon-si, would have purchased real estate in E, and sell it to the victim D, with a large number of objections, if sold. It would have paid off KRW 10 million with three (3) interest per share and three (3) months.”

However, the defendant did not have any special property, and even if he borrowed money from the victim, such as the amount of money already loaned from the second financial right, etc. exceeds KRW 40 million, there was no intention or ability to repay it.

On the same day, the Defendant received KRW 10 million from the victim as the agricultural bank account in the name of the Defendant.

Accordingly, the defendant was given property to the victim by deceiving the victim.

2. Around October 30, 2017, the Defendant made a false statement to the victim D that “A shall lend KRW 10 million to the victim D, with a loan of KRW 10 million up to KRW 10 million prior to the loan of KRW 10 million, up to KRW 25 million.”

However, the defendant did not have any special property, and even if he borrowed money from the victim, such as the amount of money already loaned from the second financial right, etc. exceeds KRW 40 million, there was no intention or ability to repay it.

Around November 3, 2017, the Defendant received KRW 10 million from the victim to the Agricultural Cooperative Account under the name of the Defendant as the borrowed money.

Accordingly, the defendant was given property to the victim by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Receipts, replies to requests for cooperation in investigations;

1. Previous records of judgment: Criminal records, probationary records, results of confirmation before and after disposition, and application of Acts and subordinate statutes to the original judgment;

1. Relevant provisions concerning facts constituting an offense;