A person shall be punished by imprisonment with prison labor for not less than three months and by imprisonment for not more than six months for a crime of No. 2 as decided by the court below.

Punishment of the crime

[criminal power] On July 12, 2013, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Gangnam Branch Branch of the Chuncheon District Court on October 23, 2013, and the said judgment became final and conclusive on October 23, 2013. On July 24, 2014, the Defendant was sentenced to a suspended sentence of one year for imprisonment for four months for fraud in the same court, and the said judgment became final and conclusive on October 29, 2014.

【Criminal Facts】

1. On January 4, 2012, the Defendant against the victim C concluded that “If the Victim C’s house located in Namyang-si, Namyang-si, would lend KRW 10,000,000,000 to the Victim’s property operating funds, the Victim C would pay KRW 200,000 per month interest and repay until the end of May 2012.”

However, in fact, E operated by the defendant was unable to dismiss the enemy since 2011, and the defendant did not have any special property and there was no intention or ability to repay the money even if he borrowed the money from the victim because there was no other income.

The Defendant received 10 million won from the victim’s seat to the account in the name of the Defendant.

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

2. The defrauded against the Victim F is a person who served as a driver at H operated by the Victim F in Y from October 14, 2014 to May 21, 2015. A

On October 14, 2014, the Defendant, at the above H office, concluded that “The Defendant would receive money from the Defendant, for the Defendant, there was a wage of KRW 5 million with the stud deposit and the director’s expenses so that the Defendant would be able to get a studio and get a director to get a studio.”

However, in fact, the defendant was thought to use the money as the personal debt repayment and the cost of living with the victim, and even if he received the wage as close as I because of economic difficulties, the defendant's intent or ability to repay the money even if he borrowed the money from the victim.