A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On April 1, 2010, the Defendant was sentenced to a two-year period of suspension of the execution of imprisonment for fraud in the Suwon District Court’s Ansan Branch, which was sentenced to a two-year period of imprisonment for fraud, etc. on January 5, 2012 during the grace period, and the said judgment became final and conclusive on January 27, 2012, the sentence of suspension of the execution was invalidated, and the execution of the said sentence was completed in the Daegu Prison on February 7, 2014.

On July 4, 2016, the Defendant called the victim B at an irregular place, and called the victim B, “at present, the office of the bond business is currently in existence, and the prosecution is unable to use the funds and the office funds by provisional seizure on the ground that the company is illegal, so he/she will be able to complete payment once. The Defendant borrowed the money to arrange the office of the bond business that is currently in existence. The Defendant made a false statement to the effect that the office’s seizure will be repaid.

However, there was no intention or ability to pay money even if the defendant did not operate the bond business office and did not have any occupation nor borrowed money from the victim because he did not have any property.

As such, the Defendant, by deceiving the victim, received KRW 300,00 from the victim to the Agricultural Cooperative (C) account in the name of the Defendant on the same day, and acquired KRW 11,30,000 in total from the above date to August 16, 2016 through 37 times in the same manner as the list of crimes in attached Form 37, such as the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Certificates of deposit transaction results and statement of transactions;

1. The contents of the Kakao dialogue;

1. Recording records;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and personal confinement status;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. The scope of recommendations shall be limited to types 1 (less than KRW 100 million) and the mitigation area (one to one year).