Defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

[criminal records] The Defendant was sentenced to two years of imprisonment for fraud at the Cheongju District Court on February 13, 2015 and completed the execution of the sentence at the Cheongju Prison on January 15, 2017.

[ 범죄사실] 피고인은 2017. 2. 경 청주시 상당구 B에 있는 피해자 C 운영의 식당에 손님으로 갔다가 그녀와 알게 되었고, 이후 위 식당에 자주 드나들면서 친분을 만들었으며, 같이 놀러 다니면서 피해자에게 “D에 20억원의 예치금이 있는데 2017. 7. 이 되면 이를 사용할 수 있다” 는 취지로 말하여 그녀의 환심을 샀다.

On March 3, 2017, the Defendant stated that “When the Defendant loans money to the Defendant, 2 billion won deposited in D around the end of July 2017, the Defendant would complete payment and pay 5% interest to the Defendant.”

However, in fact, the Defendant did not have deposited and held 2 billion won as above, and only required money to be used for gambling, such as mathing, and did not have any other expected income, and therefore, even if he borrowed money from the damaged party, there was no intention or ability to make repayment by adding interest as agreed.

As above, the Defendant: (a) by deceiving the victim and receiving KRW 49,500,000 from March 3, 2017 to April 14, 2017 from the victim; (b) deceiving the victim as stated in the list of crimes in the attached Table; and (c) was issued from March 3, 2017 to June 28, 2017 by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Each police statement made with respect to C, E, and F;

1. Investigation reports (Attachment, such as crime sight lists, account transaction details, etc.), investigation reports (G telephone communications details);

1. A detailed statement of withdrawal, details of transactions with the account to be submitted to the victim, and copy of passbook;

1. Previous convictions: He/she shall apply a reply to inquiry, such as criminal history, investigation report (the confirmation of the facts of the crime during the suspect A, the date of release, and the period of repeated crime).