Defendant shall be punished by imprisonment for a term of one year and six months.

Criminal facts

On January 9, 2015, the Defendant was sentenced to two years of imprisonment for fraud at the Ulsan District Court, and the judgment became final and conclusive on the same day.

On August 2010, the Defendant became aware of the victim D through the marriage information company in early 2010, and around that time, started with the victim teaching system and started with approximately one year.

On September 2010, the Defendant had insufficient deposit money to order the victim to construct electricity and fire-fighting systems from E in a mutual influorous restaurant in Yangsan-si, Yangsan-si.

Upon receipt of the payment of the construction cost, the payment was made by false means, stating that “The repayment of the construction cost shall be made.”

However, in fact, even if the defendant ordered construction from E because the management situation was very difficult, the construction could not proceed properly, and the personal obligation to pay to others was exceeded KRW 300 million, and most of the money borrowed from the victim was planned to use as personal debt repayment and living expenses, so there was no intention or ability to pay the money from the beginning even if he borrowed money from the victim.

Ultimately, the Defendant: (a) by deceiving the victim as above; (b) received delivery of KRW 50 million under the name of the owner of the damage around September 3, 201 from the victim; and (c) received delivery of KRW 397,860,000 in total over 20 times from the time on December 12, 2011, as shown in the list of crimes in the attached Table, from around 20 times.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of damage, list of documents submitted by a complainant, details of remittance, judgment of civil procedure, etc., loan certificates and certificates of repayment, and details of deposit transactions;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code that aggravated concurrent crimes.