A defendant shall be punished by imprisonment for not less than five months.

Punishment of the crime

[Criminal Power] On November 17, 2015, the Defendant was sentenced to three years of imprisonment for fraud at the Seoul Western District Court (Seoul Western District Court) and the said judgment became final and conclusive around August 30, 2016.

【Criminal Facts】

On October 201, the Defendant made a false statement to the effect that “The victims E, who believe that the Defendant was university professors in the vicinity of the Pyeongtaek-gu Seoul Metropolitan Government, was working in a mutually influorial restaurant, and the Defendant was working in the office of Dongjak-gu as university professors, is working in the office of Dongjak-gu. If the Defendant paid money as a job-seeking expense because he is working in the office of Mapo-gu, Dongjak-gu, Seoul. In this context, the Defendant made a false statement to the effect that she would have his father F work in the contract position of the Dongjak-gu, Seoul Metropolitan Government.”

However, the defendant was not a university professor, and even if he did not know of an employee who can exercise personnel rights to the Dongjak-gu Office, he did not have any intention or ability to have the victim's son F work for the Dongjak-gu Office.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 30 million from the victim on November 3, 201, and KRW 10 million on or around December 21, 201, respectively, from the victim under the pretext of rain funds, and acquired KRW 55 million on or around March 14, 201, respectively, and acquired KRW 15 million on or around March 14, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E and partial statement of witness G;

1. A certificate of details by member transaction account, notarial deed, bond seizure and collection order, and a deposit without passbook;

1. A complaint;

1. Previous convictions in judgment: Criminal records, previous convictions, and application of court rulings and statutes;

1. Article 347(1) of the Criminal Act, the choice of imprisonment with prison labor, inclusive, with respect to applicable legal provisions and the choice of punishment for the crime;

1. The reason for the sentencing of the latter part of Article 37 and Article 39(1) of the Criminal Code to treat concurrent crimes is that the fraud amount of this case is not significant, and that it seems that the defendant is a university professor at ordinary times, and the victim's father and wife are used by the deliberation of the victim who trusted the defendant's speech and behavior in Dongjak-gu Office.