A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On January 28, 2015, the Defendant was sentenced to two months of imprisonment for fraud and six months of imprisonment with prison labor at the Gwangju District Court, and was released on the same day by the ruling of revocation of detention. On May 8, 2015, the Defendant terminated the execution of the sentence on the same day as the above ruling became final and conclusive.

The prosecutor stated in the indictment the date of cancellation of detention (as of January 28, 2015) as the end date of execution of sentence, but the execution of sentence is premised on the conclusion of judgment, and the execution of pre-trial detention is not immediately executed, and thus, the defendant was released from prison due to cancellation of detention.

Even if the execution of imprisonment is not immediately terminated, it can not be said that it is the termination of the execution of imprisonment.

The Defendant’s term of imprisonment is calculated from May 8, 2015, when the judgment became final and conclusive. However, since the number of days of pre-trial detention is included in the term of imprisonment and no sentence remains to be executed any longer, it is reasonable to view that the execution of imprisonment is completed simultaneously with the final and conclusive judgment.

【Criminal Facts】

Around February 8, 2016, the Defendant concluded that “D” operated by the Victim C, who was in Fabag-si B, would not have the intention or ability to pay the prepaid amount if he did not work as an employee even if he received the prepaid amount, but did not have the intention or ability to pay the prepaid amount. However, the Defendant concluded that “The Defendant would pay the prepaid amount of KRW 23 million with the prepaid amount required to pay the debt to an employee from D, who would have performed the work as an employee.”

As above, the Defendant deceivings the victim, and its deceivings the victim from March 24, 2016 to the same year.

4. Until April, 4, the Defendant’s mother received 23 million won in advance as a post office account in the name of E and acquired it by fraud five times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A notarial deed and a detailed statement of withdrawal transactions;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, judgment, etc., and application of Acts and subordinate statutes to the acceptance status of individuals;

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