A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On September 9, 2009, the Defendant sentenced the Seoul Eastern District Court to eight months of imprisonment for fraud, and completed the execution of the above punishment on March 25, 2010.

On February 26, 2011, the Defendant made a false statement to the effect that “When investing money in preparation for business, such as the sale of Internet clothes and character products, 50% of the profits will be divided within three months” to the victim C at a coffee shop where it is impossible to know the trade name in Gangnam-gu Seoul Eastdong.

However, from about 10 years ago, the Defendant was in bad credit standing because he was unable to repay the overdue credit card price of about 15 million won, and was not secured by online developers for the Internet clothing business, etc., and there was no intention or ability to pay the profits even if he received the investment money from the victim.

The Defendant, from the victim, was at the time of the above temporary holiday of KRW 15 million, KRW 14 million on the 28th of the same month, and the following month.

1. One million won, and the same month;

7. The sum of KRW 2 million and KRW 57 million, including KRW 25 million on the 222.25 million on the same month, was remitted to the bank account in the name of Korea bank account in the name of Defendant C, a person who is a person with a private relationship.

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

Summary of Evidence

1. A protocol concerning the examination of the accused by the prosecution (including the C statement);

1. Statement of each police statement regarding C;

1. A copy of a statement of bank account in D name;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

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

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [decision of the type] of general fraud (less than KRW 100 million) [Special Aggravation] and aggravated factors: the area of aggravation [decision of the recommended area] of the same repeated crime [decision of the recommended area] [decision of the recommended area] increased by imprisonment for one year or more, or two years and six months (decision of the sentence] of imprisonment for two years or less, the defendant has a criminal offense of the same repeated crime for not more than five years, the amount of damage is not significant, and there was no agreement with the victim.