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

Punishment of the crime

On August 13, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. in the Western District Court Branch Branch of the Daegu District Court on March 13, 2014, and the execution of the sentence was terminated in the Daegu Prison on March 13, 2014. On June 5, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for larceny and the said judgment became final and conclusive as the withdrawal of appeal on June 29, 2015.

On November 21, 2014, the Defendant made a false statement to the Do (the age of 32) who was only victim D through a mobile phone hosting display in Daegu-gu, Daegu-gu, stating, “A golf shop is in operation. The cost to leave the golf shop is necessary. It is necessary to return money by 27 days if the money is lent.”

However, in fact, the defendant did not operate a golf shop at the time, and the above money was thought to be used as operating expenses of the job placement office that the defendant operated, and on the other hand, there was no intention or ability to repay even if he borrowed money, because the obligation at the time exceeds 23 million won, but the situation of operating the job placement office that the defendant operated is not good.

As above, the Defendant, by deceiving the victim as above, received KRW 2,00,000 from the victim’s Daegu Bank account under the name of the Defendant who was the Defendant, to transfer KRW 2,00,000 from the victim’s Daegu Bank account on the 22th of the same month, and received KRW 4,274,000 in total four times from that time to March 26, 2015, as shown in the annexed crime list.

Summary of Evidence

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement made by the police on D;

1. Certification of details of deposit transactions (D) and report on investigation ( telephone conversations between the complainant and the other party to the complaint);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes stated in criminal records, previous records of disposition and report on results of confirmation, current status of confinement of individuals and current status of investigation reports (prior to repeated crimes and facts pending in the appellate trial);

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The Criminal Act among concurrent crimes.