A defendant shall be punished by imprisonment for not less than two months.

Punishment of the crime

[Criminal Records] On May 13, 2016, the Defendant was sentenced to four months of imprisonment for fraud at the Busan District Court, and the above judgment became final and conclusive on the 21st of the same month.

[2] On December 18, 2014, the Defendant: (a) on December 18, 2014, (b) provided the victim D with money to repay the money to the victim D.

“The phrase “ was false.”

However, in fact, the Defendant had already been liable for a large amount of debt, and there was no other income or assets, and even if borrowed money from the injured party, it was thought that it will be used for the repayment of the existing debt or the living expenses, so there was no intention or ability to pay the borrowed money as the victim

The Defendant received from the injured party KRW 27 million on December 18, 2014, KRW 27 million on the same month, KRW 3.4 million on the 28th day of the same month, and KRW 80,000 on January 5, 2015 respectively.

Accordingly, the defendant was given a total of 9.6 million won by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused;

1. Statement on D and statement on passbooks;

1. In cases of an investigation report (the same type of crime records and the confirmation of insolvent), and previous records in judgment: In cases of inquiries about criminal history, investigation reports (the fact of final judgment), and application of Acts and subordinate statutes on judgment;

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

1. The latter part of Article 37 of the Criminal Code for the Handling of Concurrent Crimes: (a) the reason for the sentencing of Article 39(1) has a record of having been sentenced to the punishment of a fine not exceeding five times as a crime of fraud since 2010; and (b) one time a penalty (a final and conclusive judgment) as a crime of fraud; and (c) as such, the same crime continues to exist and the amount of the instant damage has not been fully repaid, a sentence of imprisonment shall

However, all circumstances, such as the defendant's intention to commit a crime, the degree of damage of this case, the age, environment, health, family relationship, etc., could have been tried simultaneously with the judgment that became final and conclusive, shall be considered.