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

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

Punishment of the crime

[criminal records] On August 26, 2016, the Defendant was sentenced to a suspended sentence of six months for fraud at the Busan District Court, and on September 3, 2016, the above judgment became final and conclusive on September 3, 2016. On November 23, 2016, the Busan District Court was sentenced to a suspended sentence of six months for fraud, and the above judgment became final and conclusive on December 1, 2016.

[Criminal facts] The Defendant and the victim B are as follows: (a) the Defendant and the victim knew from the elementary school to the school.

On May 2013, the Defendant, located in the Busan metropolitan Daegu C commercial building, could get profits from the phone call to the victim and jointly operated after entering the third head of the Sc Team in Kimhae E.

For the saleroom occupants, 20 million won is required and sent.

different types.

The phrase “the phrase was false.”

However, in fact, the defendant did not take all the necessary procedures for entering the third chief of the S Team, and he thought that he would use the money received from the injured party to pay his debts, such as living expenses, credit card payments, etc., and therefore, he did not have any intention or ability to pay the operating profits to the injured party.

On June 24, 2013, the Defendant, by deceiving the victim, received KRW 20 million from the victim’s bank account (Account Number G) in the name of the Defendant on June 24, 2013, and received KRW 138 million from February 22, 2013 to February 11, 2014 on a total of six occasions as shown in the annexed crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution (including the B’s statement);

1. B B’s statement H of the police statement, investigation report of each fact confirmation document prepared by I(A) of each fact confirmation document, records of liquidity transaction (A), records of written confirmation of performance confirmation: The results of inquiry, results of investigation, results of investigation, and the application of Acts and subordinate statutes to the investigation report (prior records of the same kind as the suspect);

1. Article 347 of the Criminal Act applicable to the crime and Article 347 (1) of the Criminal Act of the choice of punishment.