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

Punishment of the crime

On September 13, 2007, the Defendant was sentenced to six months of imprisonment for the violation of the Electronic Financial Transactions Act in Busan District Court's Dong branch branch, and completed the execution of the sentence on February 7, 2008.

The Defendant said, around November 3, 2010, at the E office located in the building in the Nam-gu Incheon Metropolitan City, that “the Defendant would sell the victim F to Japan and pay KRW 27 million for the price to Japan by November 18, 2010, if the victim F supplied the original 300 points and original 50 points on credit with the original 300 points and original 50 points.”

However, in fact, even if the above clothing was supplied with original hairs and spawns by the victim because it was impossible to secure the market for the sale of the above clothing, it was thought that it was sold and there was no intention or ability to pay the price, and some of them was used for the repayment of the defendant'

Around November 4, 2010, the Defendant received 300 points from the victim, including 27,000,000,000 won of the market price, and 50 points of original hairs.

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

Summary of Evidence

1. Court statement of the defendant (the date on which the eighth trial is made);

1. Statement by the prosecution against F and G;

1. Previous records of judgment: Investigation report ( fact of correction of resident numbers and attachment of related judgments, etc.), criminal records, and application of statutes;

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

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of punishment by sentence: Imprisonment for not more than 20 years;

2. Recommendation and sentence based on the sentencing criteria: Imprisonment with prison labor for not more than one year (the area of mitigation among types 1 of general fraud);

3. Determination of sentence: The reason for two months of imprisonment: although the fine is imposed, it is appropriate to choose imprisonment with prison labor in consideration of the fact that the same criminal record has been six times or more from 2007 to 3 years before the crime of this case, and so long as the court selects imprisonment with prison labor, it is inevitable to sentence that the crime of this case is committed during the period of repeated crime and is disqualified for suspended sentence.

However, it is not a repeated crime of the same kind, but the amount of fraud is high.