A defendant shall be punished by imprisonment for not less than eight months.

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

Criminal facts

On January 18, 2013, the Defendant was sentenced to six months of imprisonment and one year of suspended execution for fraud at the Jeonju District Court, and the said judgment became final and conclusive on the 26th of the same month.

Around March 14, 2011, the Defendant made a false statement to the victim E, “A shall be repaid within one month if he/she lends KRW 30 million to the victim E at the office located in Busan-gu Seoul-gu Seoul-si.”

However, in fact, the Defendant had a debt of 200 million won or more at the time, and even if he borrowed money from the victim, it should be appropriated for the repayment of the existing debt, while even if the Defendant borrowed money from another third party with no possibility of recovery, he did not have an intention or ability to repay the money as promised by the victim.

Nevertheless, the Defendant deceivings the victim as above and acquired 30 million won in cash from the victim, namely, in the face of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. A criminal investigation report and evidential materials attached thereto;

1. Details of the complaint, loan certificate, statement of payment, transcript of register, personal credit report, borrowed note, and health insurance qualification;

1. Previous records: Criminal records, investigation reports (Attachment of separate judgments by fraud), and application of respective statutes of the judgment;

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 concerning concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) reflects in depth the mistakes committed by the defendant while leading to the confession of the crime in this case, equity with the case where the crime in this case and the judgment were tried together with the

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;