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

Punishment of the crime

[Criminal record] On September 26, 2019, the Defendant was sentenced to eight months of imprisonment for fraud at the Busan District Court, and the above judgment became final and conclusive around December 18, 2019.

[Criminal facts] The Defendant does not have a hospital expenses to the victim B at a coffee shop where it is difficult to find out the trade names located in the Busan Young-gu Daedong on September 12, 2018.

Only KRW 500,000 shall be repaid out of the medical insurance in which the father of the Gu is a member of the Gu.

The phrase “ makes a false statement.”

However, in fact, the father of the defendant was dead, and the defendant did not have any special property and income, and the defendant consumeds the money received from the victim as the cost of living, or used it as the agreed money in other fraudulent criminal cases, so there was no intention or ability to repay it as agreed even if he borrowed money from the victim.

Nevertheless, on September 17, 2018, the Defendant: (a) by deceiving the victim; (b) obtained KRW 500,000 from a bank account in the name of C (E) designated by the Defendant around September 17, 2018 from the victim; and (c) obtained a total of KRW 59,010,280 from the victim through 89 times from the victim, as described in the list of crimes, from February 7, 2019.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. The conversation content of Kakao Stockholm messages (from September 10, 2018 to April 25, 2019), account transaction statement, D card approval statement, deposit and withdrawal transaction statement, card use confirmation statement, card approval statement, and passbook entry statement.

1. A previous conviction in judgment: A written investigation records (Attachment to a suspect's judgment, etc.), summary information inquiry of the case, and application of a copy of the judgment;

1. Article 347 (1) of the Criminal Act, and the choice of imprisonment, inclusive, with prison labor under Article 347 of the Criminal Act and the choice of applicable laws and punishment for the crime

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes, but the reason for sentencing of Article 39(1) was to infer the victim who is the offender by deceiving about five months the victim who is the offender, thereby deceiving the total amount of KRW 59,010,280.