A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

On October 8, 2015, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Western District Court, and the execution of the sentence was terminated on April 26, 2016.

On February 2, 2018, the Defendant, at the home where the Defendant and the Victim AF were living together with the Defendant in Seoul AG building AH around the end of February, 2018, concluded that “The Defendant had a picture of BE white in which there is a few hundreds, and later borrowed the test money to be repaid by selling this forest.”

However, the above picture is not owned by the defendant, and the defendant was suffering from economic difficulties, and even if he borrowed money from the victim, he did not have the intention or ability to pay it.

Around February 28, 2018, the Defendant deceivings the victim as above and received 20,000 won from the victim’s account under the name of the Defendant from the victim, and from that time, until April 26, 2018, the temporary “35,705,000 won in total over 36 times in total, as indicated in the statement of crimes attached to the indictment from April 21, 2018,” respectively, and “36 times in April 24, 2018,” respectively, appears to be a clerical error in the statement (see, e.g., evidence record 90 pages).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to AF;

1. Previous convictions: The application of Acts and subordinate statutes to confirm criminal records and repeated crimes of suspects, such as inquiry about criminal history;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act ( comprehensively including, but not limited to, the choice of imprisonment) on the grounds of sentencing;

1. The sentencing criteria [Scope of recommending punishment] and the aggravated area (one year to two years and six months) (one year to six months) (the person subject to special aggravated punishment] of the same kind of repeated crime in general fraud;

2. The defendant who has made the decision of sentence shall confession the crime;

However, the defendant acquired the total of 35,705,00 won by means of having the victim directly show his/her picture at the place in which he/she was kept and believed to be the right holder of the lawsuit, and the damage is reasonable and not recovered.

The defendant is identical to that of a repeated offense.