On August 10, 2010, the Defendant was sentenced to three years of imprisonment for fraud at the Jeonju District Court, and the execution of the sentence was terminated on May 28, 2013.

피고인은 2014. 12. 3. 10:00경 전주시 완산구 효자동에 있는 전북은행에서, 피해자 B에게 전화하여 ‘친구랑 같이 아중리에 있는 모텔을 경매로 샀는데 친구가 급히 돈을 빼달라고 해서 돈이 필요하다, 이틀 후에 돈이 생기니까 2,000만 원을 빌려주면 잠깐만 사용하고 갚아주겠다’고 거짓말을 하였다.

However, in fact, the Defendant did not have purchased the telecom at the time of auction, and did not have any property under the name of the Defendant, and was in a situation where the amount of 40 million won was incurred, and was used in full payment of the amount received from the victim. Therefore, even if he borrowed the above money from the victim, he did not have any intent or ability to complete the payment.

Nevertheless, the Defendant received from the victim a total of KRW 9 million on the same day as the borrowed money, and KRW 12 million on the 4th day of the same month from the victim to the account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Detailed statement of transactions of bankbooks which are complainants;

1. Previous records of judgment: Application of criminal records, reply reports, and Acts and subordinate statutes concerning the status of personal identification and confinement;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

2. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of applicable sentences under law: Imprisonment for one month to twenty years; and

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of general fraud (less than KRW 100 million): In the event that punishment is not granted or considerable damage has been recovered, the aggravated factors: the mitigated factors: the mitigated factors of the same repeated offense [decision of the recommended sphere] mitigated areas of the same repeated offense [decision of the recommended sphere] mitigated areas of the mitigated factors: The serious half of the punishment [the scope of recommendation] imprisonment for one month to one year.