A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[criminal record] On July 16, 2010, the Defendant was sentenced to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court, and one year and six months of imprisonment for fraud, and completed the execution of the above punishment on July 14, 201. On October 8, 2015, the Seoul Central District Court sentenced the Defendant to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court, and the judgment became final and conclusive on March 22, 2016.

[2] The Defendant, on September 1, 2013, called the victim C to pay the amount of money to the victim if he/she lends the money to the victim as he/she did not know that he/she would be able to pay the money to the victim.

“A false statement” was made.

However, not only did the Defendant did not engage in the government payment business, but also the Defendant used the money borrowed from the injured party for the purpose of using it for the attorney fee and delinquent taxes, etc., so there was no intention or ability to pay the money even if he borrowed money from the injured party.

Around November 27, 2013, the Defendant: (a) by deceiving the victim as above; (b) received 20 million won as the borrowed money from the Cheongsung Account (E) in the name of D from the victim; (c) and (d) received, from May 20, 2014, a total of 368,500,000 won from the victim by deceiving the victim over 37 occasions, as shown in the List of Crimes, from May 20, 2014.

Summary of Evidence

1. Statement made by C by the witness in the third public trial protocol;

1. Recording record, credit rating evaluation, investigation report (Submission of a deposit receipt by the complainant), and detailed statement of deposit transactions (D, F);

1. Records of judgment: Application of the results of inquiry about criminal history, investigation report (a sentence of judgment), investigation report (a report on the confirmation of criminal records for not more than ten years of suspect) Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The records of the crime in the judgment on the grounds of sentencing in Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act, which have become final and conclusive.