Defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

On March 20, 2015, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Eastern District Court, and the execution of the sentence was terminated on December 15, 2015 at the prison.

Criminal facts

On October 2016, the Defendant may deposit money with the victim C through Party B, which is a sponsor, from the sponsoral land on October 2016.

1kg may purchase 20,000 won per unit.

The phrase “ makes a false statement.”

However, the defendant did not have a way to purchase the above money at a fluor, and even if he received the above money from the victim, he thought that he would use it for his personal business purpose, and there was no intention or ability to purchase the money at a fluor.

Around November 2, 2016, the Defendant was given KRW 150 million to the victims who believe such false statements as above through the foregoing B as the purchase price for gold bullion and KRW 150 million in cash.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers in relation to the accused, B, C, and B;

1. Statement made by the police with regard to C;

1. A photograph of a written closure;

1. Certificates of cash custody;

1. A report on investigation ( oral statement in D) and a report on investigation (examination of the market price in gold);

1. Previous conviction: Application of Acts and subordinate statutes of reply to inquiries, such as criminal history;

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

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

1. The sentencing guidelines [Scope of the recommended punishment] General Fraud: (a) the special aggravated area (two to nine years) (two years and six to nine years) of the special aggravated area (the number of special aggravated persons) (the special aggravated persons] commits a crime by deceiving the court in the trial proceedings; / The same type of repeated crime is committed;

1. The crime is committed in a very active and malicious manner, such as the method of deceptioning the sentence, and the damage amount to KRW 150,000,000,000, and the Defendant has not completed the sentence imposed due to a crime of fraud, and thus, commits fraud again without being aware of the period of the repeated crime.