A defendant shall be punished by imprisonment for not less than two 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 September 25, 2013, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Gwangju District Court on August 3, 2013, and the said judgment became final and conclusive on October 3, 2013.

【Criminal Facts】

On July 19, 2012, the Defendant sent a phone call to the victim C at the Defendant’s residence located in Gwangju Northern-gu 102 Dong 403, Gwangju Northern-gu, and falsely stated that “If an investment has been made and the Plaintiff borrowed the investment money, he/she shall make an investment in that place and pay a lot of interest, and the principal shall be repaid until June 2013.”

However, the defendant did not have any intent or ability to invest in real estate even if he received money from the victim as a means of investment, because he/she was in need of money to repay his/her personal debts of KRW 30 million at the time.

The Defendant, by deceiving the victim, received KRW 6,500,000 from the victim to the Agricultural Cooperative (C) account under the name of the Defendant on the same day, and acquired KRW 2,500,000 in total from the same account on July 31, 2012 and acquired KRW 8,500,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Details of remittance (6 million won, 2.5 million won), and personal financial transactions;

1. Previous records: Defendant's legal statement, inquiry report on criminal records, etc., investigation report (Attachment to a written judgment), court rulings No. 2013Kadan1466, details of court cases, and application of statutes of the court;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the defendant deceivings the victim and defrauds the victim a total of 8.5 million won, and that the defendant has a record of being punished by a fine for the same kind of crime, etc. However, it is deemed that the defendant requires a strict punishment for the defendant. However, the defendant is divided in depth and reflects his mistake, and the defendant does not have a criminal record other than twice a fine.