1. The defendant shall be punished by imprisonment for three months;

2. The request for the remedy order of this case shall be dismissed.

Punishment of the crime

On October 13, 2016, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud in Young-dong Branch of the Cheongju District Court, and appealed for two years and six months, and is still pending in the appeal court.

At around 14:00 on March 24, 2016, the Defendant made a false statement to the ZB operated by the victim AB in the Defendant’s residence located in the building A, Dong 304, Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-do, that “a person of the ZAC inside the ZB will be leased by paying KRW 149,500 per month for 39 months.”

However, at the time, the Defendant had no intention or ability to pay rent even if he rents a person who was aware of the interest on a horse, on the ground that the Defendant, at the time, was liable for a debt of at least KRW 100 million, such as KRW 40 million, KRW 10 million, KRW 60,000,000, or KRW 60,000.

Nevertheless, the Defendant made a false statement as above, and had the victim deliver 5,830,50 won to AD’s residence.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement related to AB;

1. Application of Acts and subordinate statutes of the judgment, such as a petition for accusation, siren agreement, written confirmation of establishment, photograph of establishment, a written statement of AE, and Young-dong Assistance 2016 Height120;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. The reason for sentencing under Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Application for Compensation (the scope of liability for compensation is not clear, and thus it is not reasonable to issue an order for compensation) / [the scope of recommendation / [the scope] the mitigated area (1-1 year), the mitigated area (1-1 year) of type 1 (less than 100 million won) (special mitigation] of fraud, or the degree of deception is weak (the decision on the sentencing type] and other records, such as the defendants’ age, occupation, character and conduct, family relationship, and circumstances before and after the crime.