A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal Justice] On February 13, 2015, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Jung-gu District Court on September 2, 2015, and completed the execution of the sentence in the medical prison on September 2, 2015.

【Criminal Facts】

On October 26, 2016, the Defendant made a false statement to the effect that “A victim C’s operation on the second floor of Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government B building will be sent to D until he/she sought a place of residence, and the Defendant would also pay the entrance fee.”

However, the facts are that the defendant reported the deficit in the city operated by the defendant, and there is no intention or ability to pay the entrance fee even if the defendant was entered into the above D, because there is no particular property or income, such as the failure to pay taxes, and the repayment of the amount equivalent to 25 million won is not possible.

As such, the Defendant, by deceiving the victim, entered the said D from the time to December 14, 2017, and did not pay 9,500,000 won out of total of 14,350,000 won for the admission fees, and did not pay the remainder of 13,40,000 won, thereby acquiring property profits equivalent to the said amount.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. The current status of the entry into a contract, a payment note, and monthly unpaid charges;

1. Previous records of judgment: Results of inquiry, results of investigation (Attachment of judgment, etc.), application of two copies of judgment, and application of Acts and subordinate statutes;

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of punishment by law: One month to twenty years;

2. Aggravation factors of less than KRW 100 million [Special Aggravation] of the ordinary fraud [Type 1] of less than KRW 100 million according to the sentencing guidelines: In the area of aggravation of the same repeated crime [the area of recommendation and the scope of recommendations], imprisonment with labor for one to two years, and six months.

3. The fact that the amount of damage determined by the sentence has not been paid to KRW 13.4 million, the crime during the period of repeated crime of the same kind is a criminal act during the period of repeated crime, and the past has the record of being punished as a crime of fraud, and other defendants.