A defendant shall be punished by imprisonment for six months.

except that 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 May 18, 2018, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Busan District Court, and on May 21, 2018, the above judgment became final and conclusive.

【Criminal Facts】

On January 16, 2014, around 10:30 on January 16, 2014, the Defendant made a false statement that “D” was paid to the victim on the street near the residence of the victim C located in Nam-gu, Busan, and that the pre-paid payment of KRW 100 million should be paid to the insurance agency that had previously worked. However, the remainder of KRW 50 million is insufficient. If the land owned by the husband located in Gyeonggi-do is expropriated to the State, KRW 30 million was paid to the State during three months, and KRW 200 million was paid to the husband. If KRW 100 million is loaned, the Defendant would receive compensation after two months.”

However, the defendant did not have to receive compensation from her husband, and there was no intention or ability to pay the compensation even if she borrowed money from her husband because she already bears the obligation of KRW 400 million.

Around January 16, 2014, the Defendant, by deceiving the victim as above, received KRW 99 million from the victim via a new bank account (E) with the Defendant’s name.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. A written adjudication on expropriation, certificate of confirmation, statement of account transaction, copy of passbook, certificate of passbook, notarial deed, respectively, a record of recording, and a statement of transaction by account;

1. Previous records: Application of Acts and subordinate statutes to inquiries, such as criminal records, an inquiry report by individual, the current status of confinement by individual, previous dispositions, and results of confirmation;

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

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

1. The fact that the reason for sentencing under Article 62(1) of the Criminal Act is heavy and that the nature of the crime is not good, but the defendant's recognition of the crime and reflects it.