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

Punishment of the crime

[criminal records] On December 4, 2013, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Seoul Southern District Court, and was sentenced to six months of imprisonment for larceny, etc. at the Seoul Western District Court on September 17, 2014. On August 31, 2016, the Seoul Western District Court sentenced one year of imprisonment with prison labor at the Seoul Western District Court for fraud, etc., and was released on January 26, 2017 during the execution of the sentence, and the parole period expired on March 12, 2017.

[2] Around April 9, 2017, the Defendant, at the Defendant’s home located in Gangseo-gu Seoul Metropolitan Government apartment building C, 902 Dong 501, posted a false statement to the Defendant’s house page that “Pate 4,” and sold Pate 4,” and the Defendant, at the victim D who reported it, posted a false statement to the effect that “256,000 won would be deposited.”

However, in fact, the Defendant did not possess flass 4, and even if receiving the price for the goods from the injured party, it was thought that it would be used for illegal sports gambling costs, so there was no intention or ability to send the said goods to the injured party.

The Defendant received KRW 2,56,000 on the same day from the injured party to the Defendant’s one bank account (F) in the name of Defendant E, and received from that time until May 8, 2017, totaling KRW 2,051,000 from the victims seven times in total, as indicated in the list of crimes, from May 8, 2017.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, G, H, I, J, K, and L;

1. Previous records: Application of summary orders, written judgments, and current status of confinement by individuals;

1. Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The range of punishment to be recommended] In general fraud, Class 1 (less than KRW 100,00) is the mitigation area (one month to one year).