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

Punishment of the crime

On August 31, 2017, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Seoul Eastern District Court, and became final and conclusive on January 27, 2018.

On October 20, 2016, the Defendant was transferred KRW 81.6 million to the Agricultural Cooperative Account in the name of C in the name of A certified judicial scrivener immediately from the date on which the application for deposit was completed, to the victim F at the above office of the certified judicial scrivener office located in Nam-gu Incheon Metropolitan City E, the Defendant was a person who was working as the unregistered director of C’s office.

However, in fact, it was thought that the above personal debt would be repaid, and there was no intention or ability to receive the cancellation of provisional disposition using the deposit money.

Accordingly, the defendant deceivings the victim and defrauds 81.6 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to F and G;

1. Details of transactions of deposits and withdrawals [before judgment];

1. Inquiry into criminal history data, search by the Supreme Court Before, and application of the defendant's statutory statement statutes;

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

1. The latter part of Article 37 of the Criminal Act to treat concurrent crimes: (a) a sentence is to be imposed in consideration of the following: (b) the reason for sentencing under Article 39(1) of the Criminal Act does not completely recover damage to the amount of damage in the instant case; and (c) the fact that it would not be easy to recover material damage in the future; (d) it is necessary to consider equity in cases where a judgment is rendered simultaneously with the crime for which the judgment in the instant case became final and conclusive; and (e) other circumstances, such as the criminal record, age, sexual conduct, environment, family relationship, motive and consequence of the crime, and circumstances after the crime, etc.