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

Punishment of the crime

On January 20, 2016, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Northern District Court and was sentenced to two years of probation on January 28, 2016, and the judgment becomes final and conclusive on January 28, 2016, and is currently under probation.

On April 18, 2014, the Defendant called the victim C by putting a phone to the victim C, and saying, “The Defendant shall pay off a loan with money that needs to have a weak value.”

However, even if the defendant borrowed money from the injured party due to a lack of any particular property or income, he received 30,000 won from the injured party to the deposit account (new bank E) in the name of the defendant's weak value on the same day from the injured party, and received 5,654,400 won in total from the injured party under the name of the defendant's weak value, the defendant's hospital expenses, the adjusted stamp tax, etc. from around December 2, 2015, or received 41 times in cash.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. A criminal investigation report (F telephone conversations for a witness), a criminal investigation report (the phone conversations of a suspect with G e-mail) and a criminal investigation report;

1. Details of account transactions, a certificate of transfer verification, each family relation certificate, a removed copy, a suspect's Kakao Stockholm photographs, marriage-related certificates, resident registration certificates, resident registration, a detailed statement of transaction, reply documents, and health insurance benefit;

1. A loan certificate or a photograph of the closure of a text message;

1. Previous convictions: Inquiry of criminal records into criminal records, and application of Acts and subordinate statutes of the Seoul Northern District Court 2015 high order 3279;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning facts constituting a crime. Article 347 (Selection of Imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravated concurrent crimes [the scope of the recommended punishment] is the basic area (six months to one year and six months) [the decision of sentence], and the efforts to recover damage are entirely made.