A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 4, 2009, the Defendant was sentenced to one year of imprisonment and two years of suspended execution for fraud at the Daejeon District Court on September 4, 2009, and the above judgment became final and conclusive on September 12, 2009.

On December 16, 2008, the Defendant stated to the effect that “Around December 16, 2008, the Defendant would repay the Plaintiff without making a loan of KRW 50 million for three months, as the company operation funds, etc. are insufficient in the actual operation of the company in the Seoul Yeongdeungpo-gu Seoul Metropolitan Government Office of the Dispute Resolution Co., Ltd. (State).”

However, at the time, the Defendant had a debt worth of 20 million won without any particular property and had bad credit standing, and, in the course of operating the Company, the Defendant did not timely pay KRW 20 million, such as office rent and monthly salary for employees, which was paid every month, and borrowed money from other people. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to pay the money at the time agreed upon.

The defendant deceivings the victim as above and acquired 45 million won from the victim to the national bank account (F) in the name of the Dispute Resolution Co., Ltd. at that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A complaint, a copy of the certificate of deposit without passbook, a copy of the statement of deposit without passbook, a copy of the certificate of deposit without passbook, and a statement of deposit and withdrawal;

1. Previous convictions in judgment: To apply investigation reports (verification of suspect's previous convictions and confirmation dates), references to criminal records, and other references made by statutes;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following sentencing is to be taken into account) is that the instant crime was obtained by deceiving KRW 45 million as a loan, and is disadvantageous to the nature of such crime.

However, the defendant recognized the facts charged and reflected, and the crime of this case is ex post concurrent crimes, and the defendant does not have the same criminal record prior to the case, and the defendant has no same criminal record.