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

[Criminal Records] On September 17, 2020, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Seoul Eastern District Court on September 25, 2020 and the judgment became final and conclusive on September 25, 2020.

[2] On September 1, 2019, the Defendant: (a) held a foreign bank in a private taxi operated by the victim B who moved to Jongno-gu Seoul, Jongno-gu Office-dong; (b) held that there is a good share of at least two times of profits only given to its employees; and (c) made investments in KRW 30,000,000,000,000,000,000 won, thereby making a false statement.

However, in fact, the defendant did not have the husband accompanying the investment company, and even if he received money from the injured party under the pretext of investment, he did not have the intention or ability to pay the profits to the injured party because he did not want to use it as personal debt repayment and living expenses.

The Defendant: (a) by deceiving the victim as above; (b) obtained the delivery of KRW 30 million (one copy of KRW 25 million and one copy of KRW 5 million) from the victim as investment money on the 3th of the same month from the victim; and (c) obtained the delivery of KRW 5 million from the victim.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against B;

1. A complaint and a copy of a check;

1. Previous convictions as indicated in the judgment: Investigation report (report on confirmation of the same kind of record as a suspect), report on the results of confirmation of the previous convictions of the disposition, and the application of the Acts and subordinate statutes of the Seoul Eastern District Court Decision 2020 Height 1194, 211

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Taking into account the following circumstances: (a) Articles 32(1) and (2) and 25(3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation under Article 62(1) of the Act on the Suspension of Execution; (b) the agreement with the victim on the grounds of sentencing; and (c) the latter concurrent crimes after Article 37 of the Criminal