A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On April 30, 2015, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the Seoul Central District Court, and the judgment became final and conclusive on May 8, 2015. On July 24, 2015, the same court was sentenced to 4 years of imprisonment for fraud in the same court, and its judgment became final and conclusive on March 10, 2016. On February 3, 2016, the judgment became final and conclusive on June 20, 2016 after having been sentenced to 6 months of imprisonment for fraud in the same court. On June 29, 2018, the judgment became final and conclusive on November 7, 2018.

On July 2013, the Defendant stated that “A corporation office located on the fourth floor of Seocho-gu Seoul Metropolitan Government, in the Seocho-gu Seoul Metropolitan Government, will prepare and provide a hotel business fund. Within 15 days of the business fund, the Defendant would pay KRW 3 billion a single-lane of KRW 1,000,000,000,000 within KRW 15 days of the business fund.”

However, even if the defendant received money from the victim, he did not have the intention or ability to raise business funds, and there was no intention or ability to return the money from the victim to the victim.

The Defendant, by deceiving the victim as above, received KRW 25 million from the E-bank account (F) in the name of the Defendant on or around July 5, 2013, under the pretext of a contractual deposit.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Details of account transactions;

1. Previous records of judgment: Results of inquiry, reports on investigation (verification of the records of the same kind of suspect), and copies of each written judgment;

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

1. The grounds for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act, the criminal records of the defendant, equity in the case where the defendant was tried together with each of the crimes for which judgment became final and conclusive, the number of crimes in this case, the degree of damage to the victim, and whether the victim has recovered.