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

Punishment of the crime

[criminal power] On July 15, 2015, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Incheon District Court on July 15, 2015, and the above judgment was finalized on July 23, 2015.

【Criminal Facts】

At around 10:40 on September 16, 2014, the Defendant stated to the effect that “E” stores for the victim’s operation in the Daegu Northern-gu, Daegu Northern-gu, where Samsung Construction ropsed, the Defendant sought to order the victim to “F department who works as the head of Samsung Construction, who is the head of the department,” and ordered 40 saber to order the victim. If the Defendant borrowed money to the on-site people, he would have to complete payment when calculating the saber value.”

However, the defendant was not an employee of Samsung Construction, and even if he borrowed money from others, he did not have any intention or ability to complete payment.

The defendant received 50,000 won in cash from the victim in the same place as the borrowed money, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previous convictions: The application of Acts and subordinate statutes to criminal records and investigation reports (63 pages);

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

1. The reason for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act dealing with concurrent crimes [the scope of recommending punishment] and the reason for sentencing under Article 39(1) [the grounds for sentencing] is inevitable in light of the following: (a) there is no basic area (6 to 100 million won) [the person who is a special person] [the decision of sentencing] (the decision of sentence] and there are several criminal records for the same kind; (b) there is a high possibility of criticism for the defendant in light of the method of deception, and

On the other hand, sentencing, such as equity, Defendant’s age, environment, motive, means and consequence of the instant crime, etc., should be imposed together with the crime of the first head of the judgment that became final and conclusive, including the fact that one’s mistake is recognized and reflected, favorable circumstances such as the amount of damage is relatively small, and other circumstances after the instant crime.