A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal Power] On January 19, 2017, the Defendant was sentenced to six years of imprisonment for fraud, etc. at the Seoul Central District Court, and the said judgment became final and conclusive on January 20, 2017.

【Criminal Facts】

The Defendant is a person who actually operated a chill processing manufacturer with the trade name of “B”.

On June 4, 2015, the Defendant made a false statement to the victim C, a rental business operator, who had possession at an irregular place, stating that “The Defendant would pay rent of KRW 1320,00 won per month, if he/she leased the two preceding units of the two preceding units of the two preceding units in Youngcheon-si D.”

However, in fact, the Defendant did not have the intent or ability to pay the rent properly even if he received the two preceding vehicles from the victim, due to the situation where the Defendant had a debt of several million won due to business shortage in the absence of any particular property or income.

Around June 5, 2015, the Defendant was handed over to 2.5 tons of the amount of KRW 36 million from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Details of account transactions of the defendant's protocol of interrogation of the defendant's court statement in the prosecutor's office (secondly), including E;

1. Investigation report (to hear statements by the F phone of a witness);

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal history records, investigation reports, and written judgments;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act are as follows: (a) the sentencing conditions indicated in the records, such as the Defendant’s age, environment, motive, means and consequence of the commission of concurrent crimes, shall be determined in light of the following circumstances; and (b) the sentence as ordered.

Consideration: A normal condition favorable to the failure to recover damage: The principle of equity with the case to be judged simultaneously with a crime of fraud, etc. finalized in the judgment;