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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On April 26, 2017, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Daegu District Court (2017No237) and the judgment became final and conclusive on July 6, 2017. On October 29, 2015, the Defendant was sentenced to three years of suspension of execution for one year and six months of imprisonment for a crime of fraud at the Daegu District Court Branch Branch of the Daegu District Court (2015No1422), and the judgment became final and conclusive on September 9, 2016. On October 7, 2015, the Defendant was sentenced to one year of suspension of execution for four months of imprisonment for a crime of fraud from the Suwon District Court was sentenced to one year of suspension of execution for four months of imprisonment for a crime of fraud, and the judgment became final and conclusive on October 15, 2015 from the Daegu District Court (2012No497) to the Daegu District Court on June 28, 2012.
Around November 2011, the Defendant made a false statement to the effect that the Defendant would take a subcontract construction work if the Defendant purchased a forest of the elderly E from the victim D and borrowed 50,000 won of all the expenses incurred in purchasing the forest of the elderly E to establish a factory at the office of the (State) office located in Daegu-gu, Nam-gu, Seoul.
However, the above forest land was only a sales contract and did not have been paid any balance. At the time, the Defendant did not have any specific property and did not have any intent or ability to subcontract the land to the victim even if he borrowed money from the victim.
Around December 19, 201, the Defendant: (a) by deceiving the victim as such; (b) obtained KRW 20 million in cash from the victim on the check on December 19, 201; and (c) obtained KRW 22 million in cash on January 11, 201, and acquired KRW 42 million in total from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning D;
1. A complaint filed in D;
1. A certificate of borrowing, a copy of check, a written confirmation, a certificate of borrowing and a statement of payment, a full certificate of registered matters, and a written confirmation of account details;
1. Each investigation report (F telephone conversations for reference) and investigation report ( telephone conversations for reference G telephone);
1. Previouss before ruling: Criminal history records, investigation reports (determination of fraud cases by suspect), and Supreme Court Order 2017Do7494.