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

Punishment of the crime

On December 9, 2011, the Defendant was sentenced to four years of imprisonment with prison labor for a violation of the Punishment of Tax Evaders Act at the Seoul High Court on December 9, 201, and on May 3, 2012, the Seoul Southern District Court sentenced one year of imprisonment with prison labor for a violation of the Punishment of Tax Evaders Act at the Seoul Southern District Court on May 3, 2012, and was released on December 24, 2015 and the period of parole was expired on March 3, 2016.

1. Fraud against the victim B;

A. The Defendant, even if having borrowed money from the victim B, did not have the intent and ability to repay the money, on November 9, 2018, received money from the victim B and acquired money from the victim B by means of false statement, stating that “If money is short of 6,500,000 won, it would be repaid immediately” from the victim B.

B. The Defendant, even if receiving money from the victim B as the source of investment in the fireworks vending machines, did not have an intent and ability to pay the profits to the victim by running the business of normally vending machines and paying the profits to the victim. However, on January 17, 2019, the Defendant acquired KRW 4,90,000,000 from the victim B as the source of investment in the fireworks vending machines business from the victim B, “If investing KRW 19,50,000 per annum in operating the business by installing the fireworks vending machines, it may receive KRW 1,20,000 per month if investing in the business.”

C. The Defendant, even if having borrowed money from the victim B, did not have the intent and ability to purchase the accessories of the fireworks vending machines and to repay the borrowed money within the short period, on February 24, 2019, he/she acquired money from the victim B by transfer of KRW 4,00,000 from the victim around that time.

The defendant shall have the victim B.