A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[Criminal Justice] On February 1, 2018, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Daejeon District Court on August 16, 2018, and the execution of the sentence was terminated in the Daejeon Correctional Institution on August 16, 2018. On January 30, 2020, the Daejeon District Court sentenced one year and six months of imprisonment for a crime of fraud, and the said judgment became final and conclusive on February 7, 2020.

【Criminal Facts】

Around February 20, 2019, the Defendant made a false statement to the victim B, who is the same undergraduate type “A woman-friendly Gu was pregnant and was in her mother who was in the front state of abortion surgery. There is no hospital expenses. It is no hospital expenses. If the Defendant lent KRW 1,200,000,000 to Daejeon, it will be repaid three days later.”

However, in fact, there was no plan to perform abortion surgery, and at the time, the defendant had a personal debt amounting to KRW 10 million, so even if borrowing money from the victim, there was only the intent to use the money for repayment of the personal debt with the name of the victim, and there was no intention or ability to pay the money.

The Defendant, by deceiving the victim as above, received KRW 1.2 million from the victim’s account (D) around February 20, 2019, via a bank account under the name of the Defendant, and received a total of KRW 7.7 million from February 20, 2019 to March 21, 2019, as indicated in the separate crime list, from February 20 to March 21, 2019.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Payment orders, details of transactions by entry and withdrawal, text details, and replies of details of transactions;

1. A complaint;

1. Previous convictions in judgment: Application of the Daejeon District Court Decision 2016Ma3273, Daejeon District Court Decision 2019Ma3859, Daejeon District Court Decision 2019Ma3859, Criminal Records, Inquiry Report (A), Criminal Investigation Report (Confinement of Suspect Daejeon Correctional Institutions), Search Results of Prisoners, Inspection Report, and Investigation Report (Confirmation of Facts of Cumulative Cumulative Offense and Ex Post Concurrent Crimes) and Acts and subordinate statutes;

1. Criminal facts;