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

Punishment of the crime

[criminal history] On September 8, 201, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter “Special Economic Crimes”), and was released on June 28, 2013, and the parole period passed on August 22, 2013.

[2] Around June 2015, the Defendant made a false statement to the effect that “The victim filed a lawsuit for confirmation of ownership against Section BN, which was dismissed, against the first instance trial by obtaining instructions from BOBP (the victim’s birth).” If the Defendant submitted to the appellate trial the contents of BO’s message and text message to BP by securing the content of BO’s message, he/she may win the lawsuit, and 50 million won will secure BO’s message, etc.”

However, even if the Defendant received money from the injured party, the Defendant did not have the intent or ability to secure the details of the Kakao Stockholm message, and was planned to receive money from the injured party for personal debt repayment or cost of living.

As such, the Defendant, by deceiving the victim, received KRW 35 million from the victim, to the agricultural bank account in Q Q’s name on June 25, 2015, and received KRW 7 million around July 18, 2015, and acquired KRW 50 million in total by transfer to the same account on July 20, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to BL;

1. A complaint, a cash storage certificate, a copy of a name tag, a text message, a copy of a passbook, a certificate of confirmation of remittance, and a statement of account transactions;

1. Previous records: The application of Acts and subordinate statutes reporting the results of inquiry, current status of personal confinement, previous records of disposition and results of confirmation;

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. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommending punishment] General Frauds Type 1 (less than KRW 100 million).