A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On February 8, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for 8 months at the Incheon District Court for fraud, and the judgment became final and conclusive on February 16, 2013.

On February 11, 2008, the Defendant made a false statement to the victim C by phone calls to the Incheon Metropolitan City (hereinafter referred to as “the Defendant”) to the victim C, stating that “The Defendant would pay money by importing and selling the ice lease products. If the income of the Switzerland leased products is lent KRW 30 million, 30 million will be paid monthly interest.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

Nevertheless, the Defendant received 30 million won from the victim to the bank account of the Defendant on the same day.

In addition, the Defendant received a total of KRW 130 million from the victim on five occasions from February 11, 2008 to February 17, 2009 by the following methods, such as the list of crimes, as shown in the attached Table.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A loan certificate, a deposit certificate, a copy of passbook, a cash receipt, and a statement of account;

1. Previous convictions in judgment: Criminal records, investigation reports, and application of a copy of judgment;

1. Relevant legal provisions concerning criminal facts: Article 347 (1) of the Criminal Act (each fraud and each choice of imprisonment);

1. Concurrent treatment: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Aggravation of concurrent crimes: The above punishment shall be determined by taking into consideration all the circumstances, such as the fact that the amount of damage caused by the sentencing is not substantial, the damage has not been recovered, while the defendant is in depth, the fact that the defendant is ex post facto concurrent crimes, and the defendant's age, character and conduct, family relationship, economic circumstances, circumstances, circumstances, and repayment, etc.