A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On June 17, 2014, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the Jung-gu District Court, and was released on July 5, 2014, and the judgment was finalized on December 13, 2014, which became final and conclusive on December 13, 2014. On August 10, 2017, the judgment was finalized on November 1, 2017, upon being sentenced to one year and eight months of imprisonment for a crime of fraud at the Jung-gu District Court Goyang Branch Branch, which became final and conclusive on January 17, 2018.

On February 26, 2016, the Defendant made a false statement to the effect that “A victim D, the representative of the trading company, who was working as the head of the safety management division at the construction site of the Cheongju-si factory located in Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju, would immediately repay KRW 20 million at the operating expense.”

However, in fact, the defendant thought that he would use the money received from the injured party for the cost of living, not for the surgery, and even if he borrowed the money from the injured party, he did not have any intention or ability to repay it.

The Defendant received a total of KRW 25 million on four occasions under the pretext of surgery, including KRW 7 million on February 26, 2016, KRW 8 million on March 2, 2016, KRW 3 million on March 5, 2016, KRW 7 million on March 5, 2016, and KRW 7 million on May 4, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A loan certificate, text message, details of passbook transactions, and details of account transactions with suspect;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, text of judgment, and list of related cases, and statutes on personal expropriation;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Code to deal with concurrent crimes, provided that the following circumstances are the reasons for sentencing of Article 39(1) and the Defendant’s age, environment, sex, motive, means and consequence of the commission of the crime.