Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On June 24, 2011, the Defendant was sentenced to six months of imprisonment with prison labor at the Gwangju District Court for fraud, etc., and completed the execution of the above punishment on July 26, 201. On December 16, 2011, the judgment became final and conclusive on December 19, 201 after having been sentenced to six months of imprisonment with prison labor at night, and for larceny at night in the common branch of the Changwon District Court, on November 29, 2012. On December 7, 2012, the judgment became final and conclusive on December 7, 2012. On June 13, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor at the Busan District Court for fraud, and was sentenced to imprisonment with prison labor at the Busan District Court for eight months on June 21, 2014, and the judgment became final and conclusive on September 18, 2014.
Around 20:00 on October 23, 201, the Defendant made a false statement to the victim E (the 60-year-old-old-old-old-old-old-old-old-old-old-old-ro D Hospital that read “The Defendant would sell a house and dry field that is located on board another vessel to return to the F, without having received advance payment from the crew prior to the towing-related-si-old-si-old-si-old-si-Si.”
However, the defendant did not have the idea to get on board another vessel at the time, and the F did not have a house or dry field under the name of the defendant, so even if he borrowed money from the victim, there was no intention or ability to pay it.
As such, the Defendant, by deceiving the victim, received 10 million won check from the victim, that is, i.e., 10 million won check from the victim.
[A summary of the evidence that the defendant and his defense counsel denies the intention of deception, but is recognized as the result of evidence]
1. Partial statement of the defendant;
1. Examination protocol of the accused by prosecution;
1. Statement to E by the police;
1. Previous records: Criminal records, previous records, results of confirmation before and after dispositions, current status of personal identification and confinement, and application of Acts and subordinate statutes of each judgment;
1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;