A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On September 18, 2007, the Defendant was sentenced to three years and six months of imprisonment with prison labor for habitual fraud at the Jeonju District Court on September 18, 2007; on November 21, 2014, the Jeonju District Court sentenced two years and six months of imprisonment with prison labor for habitual fraud; on November 3, 2017, the Jeonju District Court sentenced one year and six months of imprisonment with prison labor for habitual fraud; and on July 30, 2018, the Defendant completed the execution of the sentence in Jung Eup prison.

Criminal facts

Around 16:00 on August 21, 2018, the Defendant called “B” to the victim C who operates the “B,” by phoneing the vehicle involved in the traffic accident, and said “I wish to tow the vehicle involved in the accident, but I want to take care of the hospital, I would immediately pay the vehicle to the industrial company after receiving medical treatment if I want to lend the hospital fee.”

However, the Defendant did not have been subject to a traffic accident, and the remainder of the Defendant repaid the debt to D who received money from the victim with the intent to use it as the cost of living. Therefore, the Defendant did not have any intent or ability to repay the debt even if he borrowed money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 860,000 from the victim to the E bank account (F) in the name of D on the same day, and received a total of KRW 4,300,000 through five times, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, G, H, I, J, and K;

1. Live petition;

1. Each transfer certificate, detailed review of the results of the transfer process, written confirmation of the results of the transfer, and deposit certificate;

1. A criminal report (Evidence Nos. 27, 29, and 33 in the list of evidence), each judgment, the current status of confinement of each individual, and criminal records;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned manner;

1. Relevant Article 351 of the Criminal Act, Articles 351 and 347 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders.