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

Punishment of the crime

On January 27, 2012, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Suwon District Court on April 16, 2012, and the said judgment became final and conclusive on April 16, 2012. On October 10, 2014, the said judgment was rendered on October 29, 2014, and became final and conclusive on October 29, 2014. On April 10, 2017, the Defendant was sentenced to two years and six months of imprisonment for a crime of fraud at the Seoul Central District Court.

On December 14, 201, the Defendant was aware of one another due to the transaction relationship with the victim B, and the Defendant attempted to sell the miscellaneous life to the victim for telephone conversations with the victim in the amount of KRW 20 million.

First of all, after the payment of the price is made, goods shall be received from the person who is the director of C in the warehouse located at the Incheon wharf.

“.......”

However, due to the failure of the defendant to have the above living, the defendant did not have the intention or ability to deliver the price even if he receives the payment from the injured party.

The defendant deceivings the victim as above and was delivered KRW 20 million to the corporate bank account in the name of the defendant on the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to B or D;

1. Each investigation report (related to telephone conversations between witnesses and telephone conversations between victims);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (courts on the same kind of force), and other Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Selection of Punishment;

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: Provided, That the reason for sentencing of Article 39(1) is that the crime of this case is not that of deceiving 20 million won from the injured person.

Damage has not been completely recovered.

Punishment is inevitable.

However, the defendant confessions and reflects the crime of this case.

In addition, all of the decisions that have become final and conclusive, the equity of punishment in cases where the defendant is tried concurrently with the criminal facts before the judgment, and the age and gender of the defendant.