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

Punishment of the crime

[Criminal Justice] On December 13, 2018, the Defendant was sentenced to one year of a suspended sentence of imprisonment for a crime of fraud at the Ulsan District Court for four months, and the said judgment was finalized on December 21, 2018. On September 19, 2019, the Ulsan District Court sentenced six months of imprisonment for a crime of fraud at the Ulsan District Court for six months and the said judgment became final and conclusive on December 27, 2019.

【Criminal Facts】

On July 2019, the Defendant made a false statement with the victim B, stating that “In the Republic of Korea, he/she retired while serving in the Busan Customs office, and passed the recruitment examination conducted by the Busan Customs office. In order to pass the recruitment examination, the Defendant shall deliver money to the Busan Customs office.”

However, the defendant did not have worked at the Busan Customs office at all, and there was no intention or ability to find employment for the victim's children at the Busan Customs office, and even if he received money from the victim, he would have consumed them for living expenses, etc.

Around August 26, 2019, the Defendant, by deceiving the victim as above, received five million won from the victim via the Agricultural Cooperative Account (Account Number C) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. A certificate of specification of transactions, Kakaox and text dialogue photographs, and account specification;

1. Previous convictions: Criminal records, investigation reports (before a suspended sentence of imprisonment and criminal records during trial), and application of statutes, such as judgment;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The instant crime was committed once again despite the majority of the grounds for sentencing in the latter part of Articles 37 and 39(1) of the Criminal Act, even though they had been punished for the same conduct of the Defendant, in light of the content and method of the instant deception, etc., the nature of the crime is not good, damage recovery, or there was no smooth agreement with the victim. On December 27, 2019, the judgment was rendered simultaneously with the judgment that became final and conclusive on December 27, 2019.