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

Punishment of the crime

On August 21, 2019, the Defendant was sentenced to two years of imprisonment for a crime of fraud in the Daejeon District Court Branch of the Daejeon District Court on December 16, 2019, and the judgment became final and conclusive on December 16, 2019.

The Defendant, around January 26, 2018, stated that “D” clothes in the Dong-gu, Dong-gu, Dong-gu, Dong-gu, and Dong-gu, Dong-gu, 2018, stated that “The Defendant borrowed money and 3 billion won is included in the F Bank, and that he/she will pay off the money immediately.”

However, since the Defendant did not have a bank deposit and did not have any other income as the basic recipient, the Defendant did not have any intent or ability to complete payment even if he borrowed money from the victim.

As above, the Defendant, by deceiving the victim, received a sum of 50 million won equivalent to the market price from the victim, namely, a sum of 1,50 million won from the victim’s seat, and acquired money and valuables equivalent to KRW 3,50,000,000,000,000 from the house of the Defendant of the Gangnam-gu Seoul Metropolitan Government G Apartment H around January 28, 2018, and acquired money and valuables from the sum of 1,50,000 won at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E and I;

1. The loan certificate;

1. Previous records of judgment: Criminal records, summary information of case, and application of statutes governing judgment;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing under the latter part of Article 37 of the Criminal Act and Article 39 (1) of the same Act;

1. The scope of punishment by law: One month to ten years of imprisonment;

2. Aggravation factors of less than KRW 100,00 (Special Aggravations): In cases of causing serious damage to the victim (the area of recommendation and the scope of recommendation) increased area, one year to six months by imprisonment.

3. Determination of sentence: The defendant shall be sentenced to imprisonment for eight months (not complying with the recommendation criteria in light of the following conditions, etc.) after his mistake is divided in depth, and the defendant shall need to take into account equity with the case where he is tried together with the morale of the judgment which has already become final and conclusive.