A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

On November 24, 2016, the Defendant was sentenced to 10 months of imprisonment for fraud at the Seoul Southern District Court, and the said judgment became final and conclusive on July 21, 2018.

The defendant is a person who actually operates the LAB.

On December 2, 2016, the defendant would pay the amount to the victim D on the 10th of the following month, by lending tourist buses held by Mapo-gu Seoul Metropolitan Government C and 4-to-be in the dispute resolution office, and by the victim D.

A false statement was made.

However, in fact, the defendant had no intention or ability to pay the amount on the 10th of the following month even if he/she borrowed a vehicle from the injured party due to bad financial standing to the extent that he/she could not pay the amount.

The Defendant, from January 18, 2017 to February 27, 2017, leased a vehicle from the damaged person to the damaged person, and did not pay a total of KRW 9,218,00 for the use of the vehicle in January 2017, and KRW 13,358,00 for the use of the vehicle in February 2017.

Accordingly, the defendant acquired property benefits by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police against D;

1. Investigation reports (including the filing of documents for public inspection and accompanying documents);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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. The latter part of Article 37 of the Criminal Procedure Act provides, however, that the reasons for sentencing Article 39(1) include 11-time criminal records of the defendant, including 10 criminal records prior to frauds, the amount of damage is not less than 13,358,000 won, the victim did not agree with or recover damage, the defendant denies and does not reflect the criminal intent of frauds, and the defendant's age, sex, environment, motive, means and consequence of the crime, and other circumstances after the crime.