A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On March 6, 2020, the Defendant was sentenced to six months of imprisonment with prison labor at the District Court for fraud, which became final and conclusive on September 18, 2020.

Around May 2017, the Defendant subscribed to the number of 21 members of the 20,000 won per month at the House of the Victim C located in Jung Government-si, and made a false statement to the effect that “The Defendant would pay in good faith the amount of KRW 1.2 million per month by operating (illegal) the term “the term “the term “the term “the term “the term “the term” means the term “the term “the term “the term” 1,200,000 won”, which is operated as the term “the term “the term “the term” 20,000 won.”

However, even if the Defendant received money from the victim as the basis of the time limit, the Defendant did not have any intent or ability to pay the credit money to the victim because it is difficult to use it as a debt repayment and living cost, etc. with the said money, and there is no plan to pay the credit money.

Around May 22, 2017, the Defendant, by deceiving the victim as such, received KRW 12 million from the victim to the E bank account in the name of the Defendant’s mother on and around May 22, 2017, and received a total of KRW 5,170,000 from the above date and time to April 24, 2018, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. A certificate of confirmation, a letter, a detailed statement of deposit transactions, a written confirmation of the results of electronic financial transfer, and a penbook;

1. Answer to a request for cooperation in investigation;

1. Previous records: Criminal records, etc. inquiry reports, investigation reports (Attachment to decisions of fraud by a suspect), and application of respective Acts and subordinate statutes attached thereto;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Circumstances unfavorable to the reasons of sentencing under Article 62(1) of the Criminal Act: The amount obtained by deceit is not much specified;

There still remains injury to the victim who has not been recovered.

O favorable circumstances: The defendant is out of the limit of payments after receiving the time limit money.