A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On January 19, 2011, the Defendant was sentenced to three years of imprisonment with prison labor at the Ulsan District Court for fraud, etc. and completed the execution of the sentence on February 25, 2013.

On April 1, 2013, the Defendant stated to the effect that “The Defendant shall buy low oil on the side of the port, which is urgently needed,” and that “The Defendant shall pay off only a day if he/she lends the oil value of KRW 15 million.”

However, the fact is that the Defendant borrowed money from the victim upon the request of the beneficiary E to borrow money from the beneficiary. In fact, there was no intention to purchase oil, and even if there was no property at the time, there was no intention or ability to repay the money.

After all, the Defendant, as above, by deceiving the victim, received 15 million won from the victim to the post office account (Account Number:F) in the name of E from the victim, and acquired it by fraud.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of each police statement of C and E;

1. A complaint and attached documents (Evidence Nos. 2 through 7 of the evidence list);

1. Application of Acts and subordinate statutes to criminal records and investigation reports (verification of the expiry date of punishment);

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and imprisonment;

1. The facts constituting the crime on the grounds of sentencing Article 35 of the Criminal Act among repeated offenders are crimes falling under the category 1 of general fraud according to the sentencing guidelines, and there is no particular mitigation element, and since the same type of repeated crime as an aggravated element is "aggravated repeated crime," the aggravated area should be selected. However, in light of the amount of damage, etc., the sentencing range in the aggravated area (one year to two years) seems to be too high, and thus, the punishment is determined as per the order beyond the recommended scope.