A defendant shall be punished by imprisonment for a period of two months.

Of the facts charged in the instant case, the point of fraud on April 20, 2012 and the date of May 15, 2012.

Punishment of the crime

【Criminal Records】

1. On September 3, 2008, the Defendant was sentenced to four years of imprisonment for a violation of the Illegal Check Control Act, a crime of fraud, a false accusation, and a violation of the Attorney-at-Law Act at a flood control method source. On April 20, 2009, the Defendant was sentenced to one month of imprisonment with labor for a violation of the Illegal Check Control Act at a flood control method source, and the execution of each of the above punishments was completed on July 14, 2010.

2. On October 25, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for a crime of false accusation and a crime of interference with business by the District Court of the Jung-gu District on December 22, 2012, and the said judgment became final and conclusive on December 22, 2012. On January 26, 2017, the Seoul Southern District Court sentenced eight months of imprisonment with prison labor for fraud, and the said judgment became final and conclusive on March 24, 2017.

[Criminal Facts]

1. On April 20, 2012, the Defendant called the victim at a non-permanent location and received a license for the D Business that B is proceeding by the B Representative C, and is able to obtain a loan of KRW 2 billion with the credit card value of the B Representative, and is able to obtain a loan of KRW 2 billion with the money borrowed prior to the receipt of the loan.

The false statement was made that the card value is changed.

However, the defendant was thought to use the above money individually while lending it, and there was no thought to use it as the project cost of B.

On April 20, 2012, the Defendant deceivings the victim as above and transferred 4 million won to the account in the name of the Defendant under the name of the victim as the borrowed money.

2. On May 15, 2012, the Defendant should call to the victim at a minor place and additionally pay the value of “B representative’s card.”

The credit card value will be repaid to the borrowed money before the loan.

“A false representation was made.”

However, in fact, the defendant was thought to use the above money individually while lending it, and there was no idea to use it as repayment of credit card value.

On May 15, 2012, the defendant deceivings the victim as above, and was remitted 3 million won to the account in the name of the defendant under the name of the victim as the borrowed money from the victim.

Summary of Evidence

1. The defendant's statements in court;