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

Punishment of the crime

[Criminal Power] On December 21, 2011, the Defendant was sentenced to two years of suspension of the execution of imprisonment for fraud at the Incheon District Court on August 21, 201 and the judgment became final and conclusive on the 29th of the same month.

【Criminal Facts】

On July 2, 2011, the Defendant made a false statement to the victim E, stating, “The Defendant would allow the victim E to collect recyclables if he pays the recycling fee in advance.”

However, in fact, the apartment that the defendant had given the victim the right to collect the recyclables was where another company collects recyclables, and the defendant was thought to use the money received from the victim to repay other debts with the money that he received at the time. Therefore, even if he received money from the victim as the fee, he did not have the intention or ability to give the victim the right to collect the recyclables of the apartment.

The Defendant, by deceiving the victim as above, received a total of KRW 13,1760,00 from the victim to the account in the name of the Defendant, such as receiving KRW 10,000,000 from the victim on June 29, 201, KRW 53,000,000 around June 30, 201, and KRW 23,000,000 from July 28, 201, under the name of the Defendant, as a fee for collecting recyclable goods, and received a remittance of KRW 45,76,00 from the victim to the account in the name of F on July 30, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (as to the confirmation of details of payment of collection fees), investigation report (as to the confirmation of collection and termination of the G);

1. Previous records of judgment: Application of inquiries, such as criminal records, investigation reports (ex post facto concurrent crimes, pending crimes, pending cases, previous cases and confirmations);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. A complaint against the defendant is filed on the condition that the amount obtained by deceitation of the reasons for sentencing in the latter part of Articles 37 and 39(1) of the Criminal Act is substantial, and that the victim is paid in installments from July 20, 2016 to KRW 126,00,000.