A defendant shall be punished by imprisonment for two years.

Punishment of the crime

【Criminal Power】 On November 26, 2014, the Defendant was sentenced to two years of imprisonment for fraud at the Incheon District Court, and the parole period expired on July 29, 2016 and on August 26, 2016.

【Criminal Facts of Crimes】 On September 3, 2017, the Defendant stated that “The Victim B shall complete payment within 10 days if he/she borrowed 15 million won as he/she short of money to have his/her parents inherited property and pay inheritance tax,” at an infinite office in Gyeyang-dong, Gyeyang-gu, Incheon Metropolitan City.

However, the fact was merely the intention to use the money to repay the defendant's existing debt, and even if the parent borrowed money from the victim due to the lack of the fact that the property was inherited from the parent, there was no intention or ability to repay the money.

As above, the defendant deceiving the victim and received KRW 15 million from a new bank account (D) in the name of the defendant C on the same day, which is the defendant's identity, for the same year.

9.20,000 won around 20.00,000 won for the same year.

9. A delivery of KRW 6 million to the above account on or around 26.2 million, respectively, and the same year.

9. Around 28.20.20 million won received in cash and acquired a total of KRW 45 million, thereby defrauding it.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Details of personal financial transactions in question, instruments of payment, and letters;

1. Criminal records as stated in the judgment: Criminal records, inquiry reports, investigation reports (verification of the period of repeated crime of a suspect), application of statutes of the judgment;

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. One month of imprisonment or more, and 20 years, within the scope of punishment by law; and

2. Scope of recommended sentences according to the sentencing criteria;

(a) The amount of general fraud [Type 1] less than 100 million won;

(b) Aggravation factors for special punishment: Cumulative offense of the same kind;

(b)the scope of recommendations and recommendations aggravated (one year to two years of imprisonment);

3. Circumstances disadvantageous to the determination of sentence: The amount of damage in this case is not substantial;

A repeated offense is committed by the defendant for the same crime.