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

Punishment of the crime

On June 8, 2012, the Defendant was sentenced to five months of imprisonment for fraud at the Daegu District Court, and completed the execution of the sentence on August 28, 2012.

On July 16, 2014, the Defendant made a false statement to the effect that “The Defendant would make an internal trade-related work, as it is necessary to make an investment of KRW 10,000,000,000,000, the principal and KRW 31% after two weeks,” at the place in front of the new global department store located in Gwangju.

However, in fact, the defendant did not engage in trade relations, did not have a certain occupation, and did not have any property or income, and did not have any obligation to pay about KRW 100 million, and even if he received money from the victim, he did not have an intention or ability to pay the principal and the profit to the victim.

The Defendant received KRW 10 million from the victim on July 17, 2015, under the name of the Defendant’s account as investment money, from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the N in the police station;

1. Details of transactions by account and investment certificates;

1. Stockholm photographs;

1. Previous convictions in judgment: Inquiry reports, the current status of the number and accommodation of each individual, the session of agreement on case, a copy of judgment, and a copy of written indictment (Evidence No. 17) shall be applied to the statutes;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The Defendant’s reason for sentencing is two times the period of punishment imposed by committing the same kind of crime, and the instant crime also committed during the period of repeated crime.

It can be seen that the victim is also responsible for the occurrence of crime.

All the conditions of sentencing, including the amount of damage, the age, character and environment of the defendant, the relationship between the victim, the means and consequence of the crime, and the circumstances after the crime, etc., is being sentenced to punishment in the first instance trial on the crime committed by the defendant at the time of the crime of this case.