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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[criminal record] On December 23, 2014, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Seoul Northern District Court (Seoul Northern District Court). The period of parole on December 24, 2015 during the execution of the sentence in the Ansan Prison was expired on December 24, 2015.
[Criminal facts]
1. On August 2016, the criminal defendant related to the purchase of goods owns the property equivalent to KRW 4 billion to the victim C at a minor place, and operates a trade company and a siren company in Korea.
F/W Pon Ponn puts goods in a foreign country, and falsely speaks that “Casrite blak” packaging of the brand of “Acne Studios” need to be purchased at a half-value, and thus, it is possible to purchase the “Casrite blak” packaging that wants to be avoided if the value of the goods is remitted.
However, the Defendant did not have any intent or ability to get a victim's lock even if he received money from the damaged party, because the Defendant used the remitted money from the injured party due to insufficient living costs, so even if he did not receive money from the injured party.
On August 11, 2016, the Defendant: (a) by deceiving the victim by such means as above; (b) received 287,000 won from the damaged person to the Agricultural Cooperative Account (D) under his own name; and (c) received 287,000 won from the next day; and (d) remitted 574,000 won, such as receiving remittance of KRW 287,000.
2. On August 19, 2016, the fraud Defendant made a false statement to the victim C, stating, “I will return KRW 13 million plus interest to the victim’s 9.9 million loan.”
However, the Defendant did not have any intention or ability to return the money that the Defendant promised to return to the victim because there is no certain amount of income.
The Defendant: (a) by deceiving the victim as above; and (b) obtained money from the victim to the above account in his own name on August 19, 2016, including KRW 4.9 million around August 19, 2016, and KRW 5 million on the 24.5 million of the same month, and acquired it by transfer.
Summary of Evidence
1. Statement by the defendant in court;
1. C.