A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[Criminal record] On August 7, 2015, the Defendant was sentenced to a two-year suspended sentence of imprisonment for fraud, etc. at the Goyang Branch of the Jung-gu District Court on August 7, 2015, and the said judgment became final and conclusive on August 15, 2015.

[Criminal facts]

1. The Defendant called the Victim E on August 2012, 201 and called the Victim E in need of KRW 100 million for business.

A false statement was made to the effect that he/she will lend money to him/her within one week.

However, the Defendant, from around 207 to around 90 million won, was in excess of the Defendant’s debt amounting to KRW 43-4.4 billion borrowed from F, etc. from around 2006, due to the Defendant’s serious debt amounting to KRW 600 million, and was in excess of the Defendant’s debt amounting to KRW 43-4.4 billion.

G is unable to increase particular sales from around 2012, and the profits earned by the Defendant each month were over KRW 3 million, so even if he/she borrows money from the injured party, he/she did not have the intention or ability to repay within one week.

Ultimately, on August 22, 2012, the Defendant received 100 million won from the injured party to the national bank account (H) in the name of the Defendant and acquired it by remittance from the injured party.

2. On November 9, 2012, the Defendant calls again to the said victim, and “The Defendant shall lend money to the said victim as ever paid. It shall be paid off.”

It shall be paid in full only by telephone.

“A false representation was made.”

However, the defendant did not have any intent or ability to repay even if he borrowed money from the injured party, as described in the above paragraph 1.

After all, the Defendant received 30,000 won from the injured party to the account as stated in Paragraph 1 of the same day by remitting it as the borrowed money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of account transactions, a certificate of deposit, etc.;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (any criminal suspect's fraud and attachment of judgment) and other statutes;

1. Article 347 (1) of the Criminal Act relating to the facts constituting an offense (a punishment of imprisonment);