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

Punishment of the crime

On July 6, 2010, the Defendant was sentenced to 8 months of imprisonment for fraud at the Busan District Court on March 2, 201, and completed the execution of the sentence at the Busan Detention House.

At around 02:00 on October 24, 2012, the Defendant: (a) received an amount equivalent to KRW 400,000,000,00 from the victim D in Busan-gun; (b) even if he/she received an order from the captain of the vessel, he/she did not have the intent or ability to pay the price; and (c) even if he/she received an order from the owner of the vessel, he/she did not pay the price after he/she received an order from the said victim under the same manner as he/she received an order from the victim who believed the order, and paid the price.

Accordingly, the defendant acquired the victim's property by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D or F;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

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