[Criminal Power] On August 13, 2015, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Seoul Eastern District Court on August 13, 2015, and completed the execution of the sentence in the Hong prison on August 20, 2018.

【Criminal Facts】

In fact, even if the defendant receives the money from the victim B, he/she has lent the money to the person who intends to provide the vehicle as security and receive the vehicle as security, and there was no intention or ability to return the vehicle to the victim.

Nevertheless, around March 4, 2019, the Defendant called the victim by phone and called “benz passenger car from security and benz passenger car. The owner of benz passenger car shall provide c.5 million won as security if he/she lends 35 million won to the owner of c.5 million won, and the owner of c.5 million won as security if he/she lends c.5 million won to the owner of c.5 million won, he/she shall provide c.5 million won as security. However, if b. he/she loans c. to the owner of c., he/she will loan the money to the owner of c., and receive c.D. and c. 47 million won as a bank account (C.D.) in the name of the Defendant on the same day.”

Accordingly, the defendant was given a delivery of KRW 47 million by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Details of banking transactions, investigation reports (number 4), text records, and identification cards transmitted by the defendant;

1. Written confirmation of transfer results;

1. Each investigation report (No. 8,9,10 in order);

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports (No. 15) and investigation reports;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reasoning for sentencing Article 35 of the Criminal Act among repeated offenders is as follows: Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, means and method thereof, and circumstances after the instant crime was committed.