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

An application for compensation by an applicant for compensation shall be dismissed.

Punishment of the crime

[criminal power] On November 26, 2010, the Defendant was sentenced to two years and six months of imprisonment for fraud at the Changwon District Court, and on June 20, 201, the said judgment became final and conclusive on June 20, 2011, and the parole period was expired on November 30, 2012 during the execution of the sentence in the Jinju Prison, and the parole period was expired on December 29, 2012.

【Criminal Facts】

"2014 Highest 1609"

1. 피고인은 2013. 12. 25.경 광주시 포돌이로 13 광주경찰서 앞 노상에서, 피해자 D에게 “법원에서 암암리에 직원들에게 경매물건이 나오는 것이 있는데 그 경매물건을 잡으면 큰 돈을 벌 수 있다, 나도 그렇게 해서 건물까지 샀으니 한번 해봐라”라고 말하고, 이를 기화로 같은 달 27.경 성남시 수정구 E 소재 피고인의 주거지에서, 피해자에게 전화를 걸어 “진주법원에 경매물건이 좋은 것이 나왔다, 안하기에는 아까우니 대출을 받아서라도 4,000만 원에서 5,000만 원 정도를 법원 직원인 F 명의 계좌로 돈을 보내라”라고 거짓말을 하였다.

However, there was no intention or ability to leave the proceeds by conducting an auction even if the defendant received money from the victim because he was able to use the money for the investment of the defendant's stock.

On December 27, 2013, the Defendant, by deceiving the victim as above, received 35 million won from the victim to the national bank account in the name of the Defendant’s wife F.

2. Around January 9, 2014, the Defendant: (a) called the victim by telephone, as described in paragraph (1) in the Defendant’s residence; (b) concluded a false statement that “the remainder of the house awarded a successful bid in the auction shall be sent KRW 50 million to the remainder of the house”; and (c) received KRW 50 million from the victim on the 10th of the same month.

As above, the Defendant, by deceiving the victim, received a total of KRW 85 million from the victim twice.

The defendant of "2014 Highest 1928" is the other party's seat on November 8, 2013.