A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[criminal power] On June 27, 2014, the Defendant was sentenced to seven months of imprisonment for fraud at the Seoul Eastern District Court (Seoul Eastern District Court). On July 23, 2014, the Defendant released from the Dong House in Seoul Dong House on July 12, 2015, and completed the execution of the sentence around that time.

【Criminal Facts】

On December 2, 2015, the Defendant stated that “The Defendant would have the victim C obtain a loan at a teahouse located in Jung-gu Seoul, Jung-gu, Seoul, with a high appraisal price of four real estate lots, such as Asia-si, the injured party’s ownership, at a prompt time. If the loan is not received, the Defendant would return the loan progress cost.”

However, even if the defendant receives money from the victim as the cost of loan progress, he did not have the ability to get the loan with high appraisal on the land requested by the victim, and did not have the ability to return the money received from the victim.

As above, the Defendant, by deceiving the victim, received KRW 2 million from the victim to the E bank account (F) in the name of the Defendant, around January 13, 2016, KRW 1.5 million around January 14, 2016, KRW 4.5 million around January 18, 2016, and acquired KRW 18 million in total from the G bank account in the name of the Defendant to the G bank account in the name of the Defendant on January 19, 2016.

Summary of Evidence

1. An interrogation protocol of the accused by the prosecution (including a substitute part against C);

1. Statement to C by the police;

1. Each investigation report (No. 16,28).

1. A complaint;

1. Previous records: Criminal records, inquiry reports, investigation reports (related previous records and confirmation), judgments, and the application of Acts and subordinate statutes to the acceptance status of individuals;

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. Application of the sentencing criteria [Scope of recommending punishment] General Fraud (less than KRW 100,00) and the aggravated area (one year to two years and six months) (special offender) of the same type;

2. The sentence of sentence shall be sentenced in full; and