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

Punishment of the crime

【Criminal Power】 On November 15, 2018, the Defendant was sentenced to a suspended sentence of two years for six months as a crime of fraud in the Dong Branch of the Busan District Court. The judgment became final and conclusive on November 23, 2018.

【Criminal Facts” around February 16, 2015, the Defendant told the victim D to pay mobile phone charges in the vicinity of the “Cmatet Dok branch” located in Busan Dong-gu, Busan, to the effect that the account in question is suspended due to the nominal misappropriation, and that the account will be repaid at the time of settlement of mobile phone charges on behalf of the victim.”

However, in fact, the Defendant did not have any particular property or income at the time, and the loan of the lending company was KRW 30 million, and the loan of the lending company was more than KRW 70 million by stealing another’s name from around 2013 to the end of 2014, and there was an obligation exceeding KRW 700 to 80 million, and thus, there was no intention or ability to repay the loan even if the Defendant borrowed money from the victim.

As such, the Defendant, by deceiving the victim and forcing the victim to pay 158,290 won on behalf of the same day, and acquired the victim a total of KRW 54,68,741 from around that time to June 2, 2016, as shown in the crime list in attached Form 53 times from around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the statement made to D by the police;

1. Details of transactions, each borrowing certificate, text messages sent and received with the defendant, investigation reports (verification of the complainants' statements), liquidity details, and credit information history;

1. Previous records: Application of inquiry results and investigation reports (report attached to a judgment) Acts and subordinate statutes;

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

1. The defendant's age, environment, character and conduct, the background and means of committing the crime, the method of deception (the degree of damage) and the result (the degree of repeated deception using personal trust relations), the latter part of Article 37 of the Criminal Act, the damage and recovery from the situation after committing the crime.