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

Criminal facts

On November 7, 2013, the Defendant was sentenced to one year and six months of imprisonment for a crime of fraud, etc. in the Gwangju District Court’s Net Branch on January 23, 2015. On September 21, 2016, the Defendant was sentenced to imprisonment for two years and six months with prison labor in the Gwangju District Court’s Netcheon Branch on September 21, 2016, and the judgment became final and conclusive on February 10, 2017.

The Defendant, from March 2015 to January 2016, was in school with the victim B from March 2016. The Defendant had no special property at the time of gambling, etc., and was willing to use the money received from the victim for gambling or for preventing the return of the existing obligation, and thus, there was no intention or ability to repay the money even after borrowing the money from the victim.

On March 23, 2015, the Defendant received money of KRW 71,704,50,000 in total over 73 times, as shown in the attached crime list, from the victim by making a false statement that “the Defendant would use money to pay” to the victim at a non-payment place, and received KRW 500,000 from the victim immediately if he/she borrowed KRW 50,000,000,000 from the victim, and received money from the victim by means of the same method until February 13, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Inquiries about the details of passbook transactions, liquidity transactions, and inquiries;

1. Previous conviction: Application of Acts and subordinate statutes concerning criminal history, investigation report (verification of repeated offense), judgment, and search data of Supreme Court cases;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes - The reason for sentencing - the fact that the injury has not been recovered due to recidivism during the period of repeated crimes - other confessions, relationship with the victim, amount of damage, and equity in cases where the judgment has been rendered simultaneously with a single concurrent offense after Article 37 of the Criminal Act.