A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On May 23, 2008, the Defendant was sentenced to one year and eight months of imprisonment in the Incheon District Court for fraud, etc., and completed the execution of the sentence in the Daegu Prison on February 8, 2009. On March 22, 2012 and November 23, 2012, the Defendant was sentenced to one year and five years of imprisonment in the Incheon District Court for fraud, etc., and the judgment became final and conclusive on January 31, 2013.

On September 201, the Defendant made a false statement to the effect that “The Defendant would have purchased a vehicle with a loan from the grown Capital, and would have prepared the sales price of the commercial building in the Cheongho Complex with the money sold in another place, and would have changed the money necessary for the car loan work” to the victim C, who was in confinement, at the same time, at the accommodation room where it is difficult to know about the 2nd Embr. of the Incheon Nam-gu Incheon.

However, in fact, the defendant did not have the intent or ability to prepare the sales price for commercial buildings, and even if he received money from the victim for the purpose of automobile loan expense, he thought that it will be used for another purpose.

The Defendant received KRW 2.9 million from the victim to the Agricultural Cooperative account in the name of D on September 17, 2012, and transferred KRW 5.5 million to the bank account in the name of D on September 24, 201, and was transferred KRW 6 million on September 25, 201 to the bank account in the name of D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Investigation report (revision of the amount of damage inflicted on the complainant);

1. Previous records: Criminal records, investigation reports (Attachment to judgments, etc.), and application of statutes of the Supreme Court rulings;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. The reason for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act was detained as a crime of fraud during the period of repeated crime, and the crime of this case was committed during the course of being tried at a detention house, the victim’s damage was not completely recovered, and the victim’s severe punishment is the defendant.