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

Punishment of the crime

On October 8, 2015, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Busan District Court, and completed the execution of the sentence on December 18, 2016.

On May 7, 2019, the Defendant made a false call from the H building I of the Nam-gu Busan Metropolitan City H building and the victim J, with the victim J, that “on the money to perform a gift-related work,” and that “on the loan of money, the Defendant shall pay the principal and interest KRW 500,000,000 for five days or after one week.”

However, in fact, the Defendant did not have good credit standing and did not have sufficient money to purchase merchandise coupons to be resold, and even if he borrowed money from the victim, he did not have any intent or ability to complete payment.

As such, the Defendant, by deceiving the victim, was transferred from the victim to the L Bank account in the name of K used by the Defendant, KRW 8 million on May 7, 2019.

Summary of Evidence

1. Statement of the police made by the defendant to the J on the legal statement of the defendant to the police inquiry into liquidity transactions, loan money certificate, and notarial deed;

1. Previouss before ruling: Application of criminal history records, inquiry reports, and Acts and subordinate statutes;

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

1. Article 35 of the Criminal Act among repeated crimes;