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

Punishment of the crime

[criminal power] On October 27, 2017, the Defendant was sentenced to imprisonment with prison labor and two years for fraud, etc. at the Daegu District Court on March 3, 2018, and completed the execution of the sentence.

【Criminal Facts】

On December 2, 2018, the Defendant, on behalf of the non-definites, received a proposal from the non-definites to purchase AR products from the victim (State) Q as if he/she purchased the AR products, through which he/she conspired to acquire AR equivalent to KRW 1,747,200 at the market price from the above non-definites and the victim (State) Q.

On December 13, 2018, the Defendant: (a) purchased the said AR against the victim’s non-permanent employees of the Daegu-gu Seoul-gu (U.S.) Q; (b) agreed to pay the purchase price of KRW 44,800 each month over 39 occasions; and (c) signed the e-mail with the personal identification number; and (d) signed the e-mail.

However, the facts are that the Defendant was engaged in the same way as the Defendant purchased AR on behalf of the above-mentioned person, and the Defendant did not have the intent or ability to pay the above AR purchase price to the victim company.

As above, the Defendant, in collusion with the above-mentioned person, was issued with the 1,747,200 Won of the market price from the victim company in collusion with the above-mentioned person and received the 1,747,200 Won of the market price from the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. AS statement;

1. An agreement;

1. Previous records: Application of criminal records, etc. and Acts and subordinate statutes concerning the number and confinement status of each individual;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Aggravation factors of less than KRW 100 million [Special Aggravation] of the ordinary fraud [Type 1] of less than KRW 100 million according to the sentencing guidelines: In the area of aggravation of the same repeated crime [the area of recommendation and the scope of recommendations], imprisonment with prison labor for one to two years;

2. The circumstances under which the sentence is determined, and the age, character and conduct, environment, motive, means and consequence of the commission of the offence.