A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[criminal power] On October 21, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for six months for fraud in the Suwon District Court Ansan Branch, and the sentence became final and conclusive on October 29, 2016. On August 9, 2019, the same court was sentenced to four years of imprisonment with prison labor for fraud, etc. and the said judgment became final and conclusive on March 26, 2020.

【Criminal Facts】

On November 13, 2013, the Defendant borrowed 3,00 books from the victim in cash and had the victim pay a total of 352,40 books from the victim up to March 27, 2014 in the same manner, as shown in the attached Table of Crimes, by making it false to the victim stating that, even if the Defendant borrowed the hotel expenses, etc. from the victim C, he/she would have no intent or ability to pay the hotel expenses, he/she would be able to pay the amount of the hotel expenses in cash on behalf of the father who operates his/her business in Korea, and would have the victim pay a total of 31 times from that time to that of March 27, 2014. The Defendant received a total of 352,40 books in cash from the victim and paid the hotel expenses equivalent to the sum of 419,000 books.

Accordingly, the Defendant, by deceiving the victim, received property or acquired pecuniary benefits equivalent to the sum of 771,400 Paints (Korean Won 19,285,000).

Summary of Evidence

1. Examination of the accused's suspect's interrogation statement by prosecution;

1. Examination protocol of police suspect regarding D;

1. Investigation report by the police on the C’s protocol of statement (Presentation of the C’s protocol of statement), investigation report (Presentation of the Kakao Stockholm text), investigation report (revision of the list of crimes), investigation report (specific relation to the amount of damage), investigation report (Listening to the phone statement by the suspect E); and investigation report (Listening to the suspect E’s statement);

1. Previous records before and after written statements prepared by the defendant: Criminal records, investigation reports (Attachment of fraudulent convictions around July 2013 by a suspect A), and application of Acts and subordinate statutes concerning investigation reports (Attachment of written convictions, such as the crime of robbery by a suspect A);

1. Relevant provisions concerning facts constituting an offense;