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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 19, 2015, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Southern District Court, and the sentence became final and conclusive on June 20, 2015.

On May 1, 2012, the Defendant stated that “D” convenience stores operated by the Victim C located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul and the Defendant loaned money to the victim for acceptance of the interior of the telecom.”

However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to repay it, and all of them were considered to be used as gambling funds.

As above, the Defendant: (a) by deceiving the victim as above; (b) received a cash of KRW 3.122 million from the victim as the borrowed money on the same day from the victim; and (c) received a total of KRW 78.7 million from the victim on 15 occasions, such as the list of crimes in the attached Table, and obtained it as the borrowed money, and acquired it by defrauded.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement (List 9) made by the police against C;

1. Each detailed statement of transactions (list 2,17), marriage relation certificate (list 18);

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act (a significant recovery of damage, such as confession, and deposit of KRW 74,200,00 with the victim’s wife as the principal on August 4, 2016 for a confession and the victim’s wife) and unfavorable circumstances (a considerable amount of damage, such as deposit of KRW 74,20,00 for a victim’s wife) (around August 4, 2016), and loans money on several occasions for about seven months from the neighbor without any intention or ability to fully repay the money to raise money, and all of the crimes of dumping money with gambling fund are considerably large amount of damage as 78,00,000 won, and other crimes of Defendant’s age, sex, living environment, circumstances after committing the crime, and previous conviction from around October 14, 2011 to around March 2, 2012.