A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[criminal records] On November 25, 2011, the Defendant was released on November 30, 201, when he was sentenced to 10 months of imprisonment for fraud and 4 months of imprisonment, and the parole period expired on January 25, 2013. On April 30, 2015, the Seoul Central District Court sentenced the Defendant to 10 months of imprisonment for fraud, and the judgment became final and conclusive on July 10, 2015.

[2] On April 2, 2015, the Defendant: (a) brought the Victim E into Cambodia with “D” located in Mapo-gu Seoul Metropolitan Government, “C; (b) KRW 300 kh from Cambodia; and (c) borrowed KRW 10 million at the cost of a chemical medicine for gold processing, the Defendant would pay KRW 2 million in addition to the amount of KRW 12 million.

“False speech was made to the effect that it was “.”

However, at the time of fact, Defendant 1 was not designated as an enterprise from Cambodia, and it was not prepared to receive the above 300 km, and it was not designated as an enterprise to deposit the above 300 km gold revenue. Accordingly, even if it was borrowed from the injured party, Defendant 1 did not have any intent or ability to import or repay the borrowed money from Cambodia even if it was borrowed from Cambodia.

Nevertheless, the defendant deceivings the victim as above and transferred KRW 10 million to the account in the name of the defendant from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Statement of transaction details;

1. Previous records of judgment: Application of the Acts and subordinate statutes stated in investigation reports (former records and attachment of judgment), inquiry into confinement, and inquiry into criminal history;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Act on the Handling of Concurrent Crimes (the defendant was sentenced by the Seoul Central District Court (the High Court 2014 order 6067) on April 30, 2015 to ten months of imprisonment for a crime of fraud, which became final and conclusive on July 10, 2015, but the date and time of committing the crime was around December 2010.