A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal Power] On November 8, 2018, the Defendant was sentenced to a suspended sentence of two years on August 16, 2018 by the Seoul Northern District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the judgment became final and conclusive on November 16, 2018.

【Criminal Facts】

On April 14, 2017, the Defendant made a false statement to the victim “D” office operated by Jongno-gu Seoul Metropolitan Government Victim C (the age of 43) to the effect that “A shall pay the victim the interest on five (5) per month if he/she lends money for the bond business in Dongee, and he/she shall pay the principal without a mold if he/she reaches one (1) month.”

However, in fact, the defendant was expected to use the above money to pay the principal and interest to the victim, not to use the money to pay the principal and interest to the victim, but to use the defendant's debt repayment and gambling funds. At that time, the defendant was not willing or ability to pay interest and principal as agreed even if he borrowed money from the victim.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 4,750,00 from the victim to the NA account in the name of E around April 14, 2017, and acquired KRW 38,050,000 by deceiving the victim on a total of six occasions from the date and time to June 26, 2017, as shown in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Details of deposit transactions;

1. Credit information history between April 1, 2017

6. 30.

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of one copy of the relevant judgment;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, most of the motive, circumstance, method, number of defraudions, and recovery of damage are not achieved on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.