A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On June 15, 2004, the Defendant sentenced the Daegu District Court to imprisonment for fraud and one year and six months, and completed the execution of the sentence in the Daegu Prison on April 30, 2005.

1. Around December 31, 2007, the Defendant made a false statement to the victim E-house located in Gumi-si, Gumi-si, stating that “The Defendant shall give five (5) interest if he/she lends 20 million won to the victim, and shall be repaid until May 30, 2008.”

However, the defendant, as the bad credit holder at the time, had a debt equivalent to KRW 20 million, was not properly operated, and there was no intention or ability to repay the debt even if he borrowed money from the victim without any specific property.

The Defendant received 20 million won from the victim, namely, from the victim, for the purpose of borrowing money.

2. On January 15, 2008, the Defendant, despite the absence of the intent or ability to repay as above at the home of the victim under the above Paragraph (1) above, made a false statement to the above victim stating that “If the Defendant additionally lends five million won interest, he will be paid up to May 30, 2008, including the amount of KRW 20 million borrowed prior to borrowing five additional interest, and shall be paid up to May 30, 2008.” The Defendant received five million won from the victim, namely, from the victim’s seat, for the purpose of a loan.

Accordingly, the defendant was given property by deceiving the victim two times.

Summary of Evidence

1. Part of the statement of the accused in the second protocol of trial;

1. Legal statement of witness E;

1. Court rulings, letter of guarantee, certificate of borrowed money, certificate of debts, and statement of financial transactions; and

1. An investigation report (to make a telephone call report with the F of a reference witness), an investigation report (to make a report on confirmation of agreement);

1. Previous records of judgment: Application of criminal records, inquiry reports, copies of written judgments, number of personal identification and confinement conditions Acts and subordinate statutes;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and the proviso of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010).