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

Punishment of the crime

[Criminal Justice] On May 27, 2010, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Suwon District Court. On November 30, 2010, the period of parole passed on January 13, 201.

【Criminal Facts】

On June 15, 2011, the Defendant made a false statement to the victim D operation E in Jeoncheon Kim Jong-si, stating that “The Defendant would pay the long language to the victim within one week if he/she is on credit.”

However, the defendant was released from the prison for the first time of the same year and was not in a situation where he was engaged in fish circulation business in excess of 70 million won due to the absence of any particular occupation and income. The defendant was not in a situation where he had been engaged in fish distribution business in excess of 30 million won under the bad credit standing at the time. Even if he was disposed of the terms received from the victim, he did not think that the amount would be consumed for the defendant's living expenses and repayment of his personal debt, and there was no intention or ability to pay the amount to the victim.

Nevertheless, the Defendant, as seen above, got out of the victim 42,525,00 won at the market price on the same day.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Each investigation report (to hear a complainant's telephone statement);

1. Previous convictions in the judgment: The defendant denies the criminal records, court rulings, and the status of personal arrest/taking, but the following circumstances revealed by the evidence duly adopted and investigated by this court, namely, ① as stated in the criminal facts in the judgment, the defendant had been liable for a debt of approximately KRW 70 million in bad credit standing at the time, ② the defendant sold F, G, and H, and received approximately KRW 25 million out of the price, and did not receive approximately KRW 20 million.