A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[Criminal Records] The Defendant was sentenced to eight months of imprisonment for fraud, etc. in the credit support of Suwon Friwon on April 6, 2011, and was sentenced to eight months of imprisonment for the same year.

9. 25. The execution of the above sentence was terminated in the prison.

[Criminal facts] The Defendant, around January 21, 2014, supplied the victim D with iron bars equivalent to KRW 200 million.

As the value of the steel bars is increased, it is said that the deposit of the steel bars is made first."

However, even if the defendant received KRW 200 million from the injured party, the defendant thought to use it as living expenses, personal business expenses, etc., so there was no intention or ability to supply the reinforcing to the injured party.

The defendant deceivings the victim as above and received a total of KRW 200 million, including KRW 100,000,000 from the account under the name of the defendant E, and KRW 100,000,000,000 from the account under the name of the branch of F.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police with regard to D;

1. Each investigation report (report on the actual account holder G telephone investigation and the result of execution of the account warrant);

1. Recording records;

1. Inquiries about the details of liquidity transactions (the details of account transactions by suspect F) and inquiries about the details of financial transactions (the details of account transactions by suspect E post offices);

1. Previous convictions: Application of criminal history inquiry, personal identification and confinement status, investigation report (the same records of the suspect A and confirmation of repeated crimes) Acts and subordinate statutes;

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

1. Although the judgment on the Defendant’s assertion of Article 35 of the Criminal Act for aggravated repeated crimes denies the criminal intent of defraudation, the following circumstances, which are acknowledged by this court by comprehensively taking account of the evidence duly adopted and examined, namely, ① the Defendant did not have any property or financial resources as an bad credit, ② the Defendant used most of the money received from the injured party for personal use, and there is no iron that was actually purchased.