A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 11, 2010, the Defendant was sentenced to one year and six months of imprisonment for fraud in the Daejeon District Court's astronomical Branch on November 1, 201, and completed the execution of the sentence in the Daejeon Prison on April 2, 2012.

On November 2014, the Defendant concluded a false statement to the effect that “The Defendant would create a U.S. military PX access certificate around May 2015 if the Defendant borrowed money from the U.S. military unit to purchase and sell the PX goods.” The Defendant would divide the profits if the money for funeral is short of money, and if the funeral is well-grounded, it would create a U.S. military PX access certificate around May 2015.”

However, at the time, the Defendant got off approximately KRW 400 million, and even if having borrowed money from the victim, it was thought that it was used for the cost of living, and thus there was no intention or ability to pay the principal or profit to the victim by conducting funeral services.

Nevertheless, on November 12, 2014, the Defendant, by deceiving the victim as above, received KRW 1.8 million from the victim through the agricultural bank passbook in the name of the Defendant on November 12, 2014, and acquired a total of KRW 22,50,000 from around that time to January 2015, and acquired a total of KRW 22,50,000,000 from around July 201.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

2. A previous conviction in judgment: An inquiry report and the application of Acts and subordinate statutes for a criminal investigation report (Attachment to a judgment);

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

2. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] is general fraud (less than KRW 100 million) and where considerable damage has been recovered from mitigation area (one month to one year) (special mitigation operator). / The punishment shall be imposed in consideration of the fact that a repeated crime of the same kind (decision of sentence] is a same repeated crime of the same kind, the fact that a crime has been committed repeatedly.

However, it is relatively high that the defendant recognized all mistakes, paid 4.6 million won to the victim, and the amount of damage is recognized.