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

Punishment of the crime

On July 20, 2012, the Defendant was sentenced to six years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Busan District Court's branch branch court, and the said judgment was finalized on November 2, 2012. On March 27, 2014, the Defendant was sentenced to three months of imprisonment for fraud in the Daegu District Court's branch court's port branch court, and the said judgment became final and conclusive on April 4, 2014.

On September 8, 2011, the Defendant made a false statement to the victim E at the D coffee shop located in Jinju-si, stating that “The Defendant agreed to acquire the right to operate the F Hospital, received KRW 100 million and paid KRW 50% of the equity of the funeral hall at the hospital, and, upon normal operation of the hospital after around three months, would receive the remainder KRW 900 million and receive the remainder of KRW 50% of the equity.”

However, at the time, the Defendant had a debt of two billion won or more due to the failure to operate G Hospital, so even if receiving the above money, the Defendant did not have the ability to operate the funeral hall.

Nevertheless, the defendant deceivings the victim as above and acquired KRW 100 million from the victim as the down payment on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of H concerning H;

1. Statement of the police statement of E;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment of judgment), and application of Acts and subordinate statutes of the judgment;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The grounds for sentencing are as follows: (a) considering the fact that the amount of damage on the grounds of sentencing did not agree with the victim even if the name was given to KRW 100 million; (b) the injury was not recovered; and (c) equity with the case where the judgment was rendered at the same time with each crime in which the judgment became final and conclusive; and (d) taking into account the motive, means and result of the instant crime;