A defendant shall be punished by imprisonment for not less than three months.

Punishment of the crime

On July 1, 2010, the Seoul High Court sentenced the Defendant to the punishment of rape, fraud, etc. on July 1, 2010. On August 12, 2012, the Defendant terminated the enforcement of the sentence in the Gangnam Prison.

In addition, around August 22, 2014, the defendant was sentenced to two years of imprisonment in Busan District Court for fraud, etc. and is in the execution of the sentence in Busan Correctional Institution.

On September 17, 2014, the Defendant made a false statement to the effect that “A victim D who became aware of the introduction of a branch in the Busan correctional institution located in Gangseo-gu Busan, Busan, by doing business outside, is sufficient to resume the business outside, there is a balance of deposit amount of KRW 2.7 billion, there is an Ecoos, franchises, office deposit money, and money for lease on a deposit basis, and the money is bound to receive a judgment.” The Defendant made a false statement to the effect that “Abscoos and consumer deposits will be repaid if they are placed in custody and consumer products.”

However, the defendant did not possess the above assets, and there was no other source of income, so there was no intention or ability to repay the funds borrowed from the victim after release.

Around September 17, 2014, the Defendant had the victim deliver the amount of KRW 450,000 and KRW 49,830 to himself/herself through the prison.

In addition, the Defendant received, from the above date and time to June 11, 2015, a total amount of 2,417,090 won or daily necessities in 16 times in the same manner as indicated in the attached list of crimes.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. Before judgment on a complaint, details of damage, receipt of custody money, and copy of a letter: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of personal identification and confinement;

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

1. The reason for sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommending punishment] The period of repeated crimes of the same type (one to two years and six months) is the aggravated area (one to two years and six months) of category 1 (less than KRW 100 million) of the Criminal Act.