A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On October 19, 2007, the Defendant was sentenced to two and a half years of imprisonment for fraud, etc. at the Busan District Court on August 15, 2009, and the execution of the sentence was terminated on August 15, 2009. On August 5, 2015, the judgment became final and conclusive on August 17, 2016.

【Criminal Facts】

On August 3, 2011, the Defendant concluded on August 3, 2011, that “If he/she lends money to B by taking a security of benz motor vehicle under the name of the party to B, he/she will pay the money within the due date and recover the said motor vehicle.”

However, the defendant did not have any intention or ability to repay the money within the due date even if he borrowed the money from the victim due to the suspension of the musical business operated by the defendant.

As such, the Defendant, by deceiving the victim, received 10 million won from the victim through the Cit Bank account in the name of the defendant on the same day and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. Previous convictions in judgment: Criminal records, personal identification and confinement status, case search records, and application of statutes of the judgment;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Determination on the application of sentencing guidelines to the reasons for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act: None of the applications shall take into account all the circumstances, such as the fact that the crime is committed during the period of non-applicable repeated crime, the fact that damage is not completely recovered, the fact that the damage has not been recovered at all, and equity