A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On October 15, 2015, the Defendant was sentenced to two years of imprisonment for fraud at the Jeonju District Court on August 15, 2015, and on August 15, 2016, the remaining period of punishment was reduced by one half of the remaining period of punishment by special amnesty, and the period of parole passed on November 30, 2016 during the execution of the sentence.

【Criminal Facts】

The Defendant is an instructor of a music education institute.

On July 11, 2017, the Defendant filed a siren application with the Defendant’s house located in Seo-gu, Seo-gu, and Seo-gu, Daejeon, and C, by accessing to the homepage E operated by the Dispute Resolution Co., Ltd.

However, the defendant was thought to sell the above musical instruments from the victimized company, and there was no intention or ability to pay the musical instruments or to pay the sirens in full.

As such, the Defendant deceptioned the victimized company, and was delivered by the victimized company the sum of KRW 1,710,000,000 at the market price of YFL-22 on July 12, 2017, including the sum of KRW 1,722 (unit price of KRW 520,00), KRW 325, KFL-40 (unit price of KRW 728,00), KRW 8, KFL-450 (unit price of KRW 1,568,00) by the same method until May 16, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A complaint;

1. A copy of the certificate of rental of musical instruments, and a list of sirens;

1. Copy of the authentic deed and details of damage;

1. Judgment of the Jeonju District Court;

1. Each report on investigation;

1. Report on the previous disposition and the result of confirmation; and

1. The inquiry report;

1. Application of Acts and subordinate statutes on personal accommodation;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of punishment by law: One month to twenty years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] and the basic area of recommendations [the scope of recommendations and recommendations] (the scope of recommendations and recommendations], the basic area of which is not less than KRW 100 million and less than KRW 500 million (the amount of punishment shall be set forth in Type 2], and 1 to 4 years.

3. Sentence;