A defendant shall be punished by imprisonment for not more than ten months.

However, 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 Justice] On July 20, 2012, the Defendant was sentenced to a two-year suspended sentence of imprisonment for fraud at the Changwon District Court on July 20, 2012, and the said judgment became final and conclusive on July 28, 2012, and is currently under the grace period.

【Criminal Facts】

The Defendant, together with C, operated a gas station under the name of the third party, the name of “bab president,” and intended to borrow money from them without notifying that the operating funds of the gas station would be repaid with the proceeds obtained by such unlawful means as above.

1. On November 29, 2009, the Defendant sent a phone call to the victim D who became aware of the fact through the fishing club, and concluded that “I will make a payment immediately upon the settlement of accounts at the end of the year.” On November 30, 2009, the Defendant, along with C, sent the victim at “G gas station” operated jointly in the name of Changwon-si’s mother F, which he jointly operated on November 30, 2009, while the Defendant displayed the G gas station contract with the victim, with “I will make a payment with the interest rate of five parts if the money is short of the money to purchase gasoline, etc., the Defendant would have the ability to make a payment after one month. If the payment is not made, it would be difficult to say that I would have the ability to make a payment under the name of G gas station and to make a false payment under the name of G gas station.” It would be difficult to say that I would have the ability to make a payment under the name of G gas station and to make a false payment.”

However, the defendant and C do not have any property even if they borrow money from the victim.