A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On September 15, 2009, the Defendant, at the Incheon District Court, sentenced 1 year and 6 months of imprisonment for fraud and 500,000 won of fine, completed the execution of the above punishment on November 27, 2010.

On December 14, 2012, the Defendant made a false statement to the victim D by telephone at a middle cafeteria in the area of the building in the Seongbuk-gu Seoul Metropolitan City, Sungnam-si, stating that “I would transfer the ownership of the vehicle if I would transfer the ownership of the vehicle if I would get the victim to use the vehicle in the name of the corporation of the State for two years after the lapse of two years, by extracting 10% of the vehicle price in advance under the name of the corporation of the State.”

However, in fact, the defendant bears the financial obligation equivalent to KRW 150 million, and he thought from the beginning that he received money from the victim without the ability or intention to purchase the vehicle from the victim and used it to pay his debt.

As such, the Defendant, by deceiving the victim, received on December 14, 2012, KRW 5 million from the victim to the E’s account of community credit cooperatives under the name of E as the purchase of automobiles, KRW 2 million on December 15, 2012 to the F’s foreign exchange bank account in the name of F, and KRW 3 million on January 1, 2013 to the F’s foreign exchange bank account in the name of F.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A copy of a bankbook;

1. Previous records: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] general fraud category 1 (less than 100 million won) and the aggravated area (one year to two years and six months) (special person] of the same repeated offense;

2. The fact that the Defendant recognized the instant crime and against whom the sentence was rendered is favorable is that the Defendant has committed the instant crime even though he/she was punished for the same kind of crime, and even during the period of repeated crime, and that he/she did not repay the damage, respectively, shall be taken into account in an unfavorable circumstance.