사기
A defendant shall be punished by imprisonment for not less than two years and six months.
Punishment of the crime
[Criminal record] On May 11, 2017, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Seoul Northern District Court on July 28, 2017 and the said judgment became final and conclusive on July 28, 2017.
[2] On April 18, 2009, the Defendant: (a) made the victim C, a member of the Dong-dong University, a member of the Dong-dong University, a member of the Dong-dong University, available for membership in the GS construction by making a solicitation to that person.
In the last time, four members entered the GS construction, which makes a false statement that "The amount of money to be solicited to the persons related to the GS construction is to be returned."
However, in fact, the defendant did not have a seal in the GS construction, and even if he received the money from the injured party, he only intended to use it for personal purposes, and did not have any intention or ability to have the injured party employed the GS construction
As above, the Defendant, as well as the receipt of KRW 1,100,000 on the same day by deceiving the victim as above, and the receipt of KRW 1,10,000 from August 30, 2008 to January 19, 2015 by deceiving the victim on a total of 96 occasions, such as the statement in the list of crimes in the attached Table, and then by deceiving the victim and receiving KRW 343,080,000 in total from the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Inquiry of transaction details;
1. A report of investigation (Preparation of a list of crimes, accompanied by the list);
1. Previous convictions in the judgment: Investigation report (Attachment of the text of the judgment), Komnet case search, and application of each statute of the judgment;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. After Article 37 of the Criminal Act, the reason for sentencing provided for in Article 39 (1) of the same Act;
1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to ten years;
2. The scope of the recommended punishment according to the sentencing guidelines (the sentencing guidelines are not applied because the relationship between the crime of fraud for which judgment has become final and the crime of concurrent crimes by the latter part of Article 37 of the Criminal Act, see the following sentencing guidelines) / [the scope of the recommended punishment] / The basic area (1 to 4 years) of the basic area (1 to 50 million won, and less than 10 million won) / [the person who has a special sentencing sentencing];
3. The defendant's trust in the decision of sentence is subsequent to the decision of sentence; and