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

Punishment of the crime

On February 10, 2011, the Defendant was sentenced to nine months of imprisonment for fraud at the Daegu District Court, and was released on July 29, 201 in the Daegu Detention House on July 24, 201, and the parole period expired on August 24, 201.

On February 2, 2014, the Defendant made a false statement to the victim D, “In the first instance room of the Defendant’s operation of the Defendant located in Daegu Northern-gu, Daegu Northern-gu, that “In the present situation, the Defendant has been operating a scambling room as a partnership business, is well operated, and is expected in the future. An investment of KRW 30 million will be made in KRW 50,000 per month. In the absence of money, the Defendant would receive a credit card loan and repay the loan to the effect that the loan would not be at issue.”

However, at that time, the Defendant had no intent or ability to pay the principal to the victim, even if he/she had a debt equivalent to KRW 120 million in total, including the loan of card loan, credit card arrears, loan of the lending company, etc., and KRW 40 million in total, which he/she personally borrowed and the loan debt of KRW 120 million in total, in the operation of the lending bank, and even if he/she has a debt equivalent to KRW 40 million in total, he/she would have to use the loan as a profit from the operation of the lending bank, and even if he/she has received money from the victim, he/she did not have an intent or ability to pay the principal to the victim.

On February 10, 2014, the Defendant, by deceiving the victim, received 6,590,000 won from the Defendant’s agricultural bank account under the name of the Defendant from the victim to the remittance of 6,590,000 won to the Defendant’s account, and even from around that time to March 26, 2014, acquired money from the victim to the account in the name of the Defendant, or sold cosmetics in bulk using the victim’s credit card, and acquired money by means of preparing cash and having the victim bear the liability for the credit card debt.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. The details of the statement of complaint, loan certificate, notarial deed and the transaction of passbook to the victim; and