Text
A defendant shall be punished by imprisonment for six months.
Reasons
Criminal facts
Some of the facts charged were corrected.
On August 8, 2014, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Suwon District Court on January 11, 2015, and completed the execution of the said sentence.
On November 2015, the Defendant made a false statement to the victim C’s office located in Jung-gu Seoul Metropolitan Government, stating that the victim would seek a certified public accountant to handle the accounting-related business of the company operated by the victim, and that the victim would perform the accounting-related business of the company.
However, the defendant was not a certified public accountant, and there was no intention or ability to handle accounting affairs according to the agreement because there was no professional knowledge or qualification certificate related to accounting.
As above, the Defendant, by deceiving the victim as above, received total of KRW 15,134,100 from January 12, 2016 to June 9, 2016 as stated in the list of crimes in the attached Table from around January 12, 2016 to by the victim, and acquired them by deceptioning KRW 15,134,100 in the name
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. A certificate, a cash storage certificate, an agent for bookkeeping, a tax advisory contract, and a statement of account transfer;
1. Previous conviction: Application of a written inquiry report (13 pages of investigation records) and investigation report (96 pages of investigation records, such as personal confinement records, etc.);
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);
1. The scope of applicable sentences under the Act on the Reasons for Sentencing Article 35 of the Criminal Act among repeated offenders: The scope of recommended sentences [decision of types] according to the sentencing guidelines for one month to twenty years shall be subject to the general fraud [Type 1] below 100 million won [Special Aggravation]: the area of aggravated punishment [the scope of recommended area and recommended punishment] of the same repeated crime [the scope of recommended area and recommended punishment] increased, one year to two years [the general person] from one year to six months [the general person] of imprisonment: the defendant shall be sentenced to imprisonment with prison labor for six months in 203 years, suspension of the execution of each imprisonment with prison labor for a period of 2008, and fraud, etc.