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

Punishment of the crime

[criminal power] On August 18, 2006, the Defendant was sentenced to three years and two months of imprisonment for fraud, etc. at the Suwon District Court, and the judgment became final and conclusive on the 21st of the same month. The Defendant was released on December 24, 2008 during the execution of the sentence, and the parole period expired on January 1, 2009. On September 23, 2009, the Incheon District Court was sentenced to one year of suspended execution for four months of imprisonment for fraud, and the judgment became final and conclusive on October 1, 2009. On May 17, 2012, the Incheon District Court sentenced two years of suspended execution for eight months of imprisonment for fraud at the Incheon District Court to eight months of imprisonment for fraud, and the judgment became final and conclusive on the 25th of the same month.

【Criminal Facts】

Around March 18, 2011, the Defendant made a false statement to the effect that “the Defendant would immediately repay money to the victim D” at the Gangseodo casino located in the Seowon-gun, Seowon-gun, Chungcheongnam-do. The Defendant continued to receive KRW 3 million from the victim’s account transfer on the same day, and received KRW 2.5 million in cash on the same day.

However, the defendant did not have any intention or ability to pay the amount normally even if he borrowed money from the victim due to no special property or income, at that time.

Around March 19, 2011, the Defendant continued to receive KRW 80 billion from the victim at the above place to the effect that “a political fund of an amount equivalent to KRW 80 billion is being transferred from the F, a student of the E E, in a bearer CD at the time of being in the prison, and is in custody in the National Bank.” The Defendant received KRW 3 million from the victim.

However, the defendant did not keep political funds equivalent to KRW 80 billion, and even if he borrowed money from the victim due to no special property or income, there was no intention or ability to repay it.

In addition, the Defendant received a total of KRW 77 million from March 18, 201 to April 20, 201, as shown in the attached crime list, from around March 18, 201, and acquired it by deception.

(i) the evidence;