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

The application for compensation of this case is dismissed.

Punishment of the crime

On November 29, 2017, the Defendant was sentenced to a suspended sentence of two years in the year and June of imprisonment for fraud, etc. at the Jeonju District Court on November 29, 2017 and the judgment became final and conclusive on December 7, 2017.

On March 2016, the Defendant made a false statement to the victim B’s office located in Gwangju-dong-gu, Gwangju-gu, stating that “If domestic corporation is a real owner of D Co., Ltd., and if the business operation fund is required, the Defendant would pay 10% interest per month and pay the principal six months later.”

However, on January 15, 2016, the said corporation’s real estate, etc. was established with a sum of KRW 2.492,500,000,000,000 for the maximum debt amount, and the provisional attachment registration was completed on January 15, 2016, and the auction was anticipated as it was impossible to repay the principal and interest of the said corporation’s real estate, etc. as it did not incur any particular profit due to the operation of the said corporation, and the said corporation was unable to pay the purchase price for the raw material of several million Won because it did not have any other property, and thus, there was no intention or ability to repay

As above, the Defendant, by deceiving the victim as above, took over the victim’s money from the victim as the borrowed money, with the total sum of KRW 60 million, which is KRW 40 million on March 18, 2016 and KRW 20 million on April 8, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements made by witnesses B in the fourth trial records;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Entry of the defendant's partial statement in each police interrogation protocol against the defendant and the statement B;

1. Statement of the police statement concerning B;

1. A written confirmation, each certified copy of the register, court auction information, details of transactions, text messages, details of deposit transactions, and detailed statement of deposit transactions;

1. Previous convictions in judgment: Criminal records, investigation reports (reports on binding of records of the same kind of crime committed by a suspect), investigation reports, and application of statutes;

1. Criminal facts;