A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[criminal records] On October 19, 2016, the Defendant was sentenced to eight months of imprisonment for a crime of fraud at the Seoul Central District Court on December 31, 2016, and the judgment became final and conclusive on December 31, 2016. On April 28, 2017, the Defendant was sentenced to eight months of imprisonment for a crime of fraud at the same court, and that judgment became final and conclusive on July 28, 2017.

[2] On January 5, 2013, the Defendant made a false statement to the victim D through C, who is a branch in the Buddhist land on January 5, 2013, that “I will have children work as regular workers in one place among the Hyundai Heavy Industries, the Treatment Heavy Industries, and Samsung Heavy Industries.”

However, even if the victim received money from the injured party, there was no intention or ability to employ the injured party's children as regular workers in the modern heavy industry, the treatment heavy industry, the Samsung Heavy industry, etc.

Around January 15, 2013, the Defendant was transferred KRW 30 million to the national bank account in the name of the Defendant from the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. The second examination protocol against the accused (including the C or D statement protocol), and the examination protocol of the suspect to the prosecution against C;

1. Statement made by the police against D;

1. Complaint;

1. The details of account transactions in the name of the defendant (12 No. 12 times a net), mailbook (16 times a net), deposit certificate (17 times a net), and each loan certificate (18 times a net);

1. Previous convictions: Application of a written reply to inquiries, such as criminal history, investigation report (Attachment to the current status of acceptance of each suspect A, written judgments, etc.), personal confinement status, each written judgment (No. 6, No. 13), Seoul Central District Court 2016 order 83, Seoul Central District Court 2017 order 83, search of each case, and a copy of each written judgment (No. 1-1, No. 2-2 of the ex officio list of evidence).

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes, provided that Article 39(1) of the Criminal Code to record the first head of the crime for sentencing and the first head of the crime for sentencing is set aside after Article 37 of the Criminal Code.