A defendant shall be punished by imprisonment for one month.

Punishment of the crime

[Criminal Power] On July 28, 2015, the Defendant was sentenced to seven months of imprisonment for fraud, etc. at the Seoul Northern District Court on July 28, 2015, and completed the execution of the sentence on October 10, 2015.

【Criminal Facts】

On January 24, 2016, the Defendant made a false statement to the Defendant’s office located in the Seoul Jung-gu P, Seoul, that “If the Defendant borrowed 500,000 won to Q by telephone to the victim Q at the end of January, it would be repaid immediately at the end of January.”

However, in fact, the Defendant did not have any particular property, and the obligation was approximately KRW 9 million, and was in a state that was not certain that may arise at the end of January, and thus there was no intention or ability to repay the debt even if he borrowed money from the victim.

Around January 25, 2016, the Defendant received KRW 500,000 from the victim’s her mother’s agricultural bank account and continued to receive KRW 500,000 from the victim’s her mother on the same day and received KRW 200,000 from the victim to the national bank account in the name of the Defendant on the same day, and continued to receive KRW 30,000 from the victim on the same day on January 28, 2016.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of Q Q;

1. Details of account transactions;

1. Previous records: Criminal history records, inquiry reports, criminal investigation reports (court records, etc. for related cases), judgment attached thereto, application of Acts and subordinate statutes to the status of confinement of individuals;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reasons for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes [the scope of recommendations] the reduction area (one to one year), the reduction area (one to one year), the special mitigation area) of types 1 (one to one year), or the intentional act of deception is weak, or the degree of deception is weak.