A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal record] On January 14, 2016, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Seoul Western District Court, and the judgment became final and conclusive on February 29, 2016.

[2] On February 2, 2011, the Defendant concluded that, at the victim D’s house located in Mapo-gu Seoul Metropolitan Government Mapo-gu, “I need school expenses, and there is a difference in the rice value necessary to lend money to the victim.”

However, the facts are that the Defendant borrowed money from several obligeess during the several years, and the Defendant did not have any intent or ability to repay the principal and interest of the so-called obligation to prevent the so-called return due to the absence of money, even if he borrowed money from the victim.

The Defendant, as above, obtained a list of crimes attached to the crime by January 22, 2014, including deceiving the victim and receiving two million won from the victim as a loan, around February 2, 2011, from the victim, and obtained the issuance of KRW 31 million in total six times in total, as the date of the crime by the Defendant 1 at the end of February 22, 2014 (i.e., “201 around February 5, 2011”; and (ii) the date of the crime by the Defendant 3 at the end of the year, “ June 5, 2012”; and (iii) the date of the crime by the Defendant 4 at the end, “ June 7, 2012.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of latter concurrent records of Article 37) statute;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act is against the accused, and there is no record of criminal punishment other than punishment for fraud in the judgment, considering the fact that there is no record of criminal punishment other than punishment for fraud in the judgment, circumstances favorable to the fact that the latter is a single concurrent crime after Article 39 of the Criminal Act, and other factors, such as the amount of damage, Defendant’s age, sex behavior, environment, health conditions, etc., shall be determined as ordered by the order.