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

Punishment of the crime

[criminal power] On November 9, 2017, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Busan District Court, and completed the execution of the sentence at the Jinju prison on June 29, 2018. On December 10, 2018, the Defendant was detained in Busan District Court for a crime of fraud. On December 31, 2018 and January 25, 2019, the Defendant was not detained for a crime of fraud at the above court, and was currently pending in the first instance trial.

【Criminal Facts】

On August 7, 2018, the Defendant posted a letter “to sell a performance ticket” by accessing the O Blogs to the O Blogs, and false statement to the victim CD who reported and contacted the 280,000 won.”

However, even if the defendant received money from the victim, he did not have the intention or ability to send the money.

The Defendant, by deceiving the victim as such, received 280,000 won from the victim to the post office account (S) in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The statement, the authentic statement, the statement of conversation, and the statement of transfer;

1. Previous convictions indicated in judgment: Criminal records, etc., inquiry reports, US records, reporting on the results of dispositions, and application of Acts and subordinate statutes to investigation reports;

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

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 million) and the aggravated area (one year to two years and six months) (special persons) of the same type;

2. In the event that a decision of sentencing has been rendered simultaneously with a case of fraud committed by the Busan District Court 2018 High Court 2018 High Court 5373, 5926, 2019 High Court 201 High Court 201 High Court 201, Busan High Court 2018 High Court 5373, 5926, 2019 High Court 201 High Court 201 High Court 201 Decided that the defendant led to the confession of the offense and the mistake is divided, the sentencing should be made by getting out of sentencing guidelines, taking into account equity in sentencing and the