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

Punishment of the crime

[Criminal Justice] On October 16, 2019, the Defendant was sentenced to eight months of imprisonment for fraud in the Western Branch of the Daegu District Court, and the judgment became final and conclusive on October 24, 2019.

【Criminal Facts】

1. On March 27, 2019, at around 17:00, the Defendant made a false statement to the victim D, stating, “I would pay money to those who will win a bicycle racing. If I would like to make an investment of KRW 1.2 million, I would like to give money to those who will win a bicycle racing.”

However, in fact, the defendant did not have information about the person who will win the bicycle racing, and even if he received 1.2 million won from the victim, he did not have the intention or ability to pay profits to the victim.

As above, the Defendant, by deceiving the victim, obtained a purchase right equivalent to KRW 1.2 million on the same day from the victim, and obtained a purchase right equivalent to the equivalent amount of KRW 1.2 million.

2. On July 14, 2019, at around 10:00, the Defendant made a false statement to the victim E in the branch office of the Korean Racing Association, in Michuhol-gu, Incheon, Incheon, Nam-gu, Incheon, the Republic of Korea branch office of the Korean Racing Association to grant the victim E the winning right of KRW 2,00,000,000 won.

However, in fact, the defendant's right to the horse was not winning, and even if the defendant receives one million won from the victim, the defendant did not have an intention to receive the winning right from the victim.

The Defendant, as above, by deceiving the victim, received KRW 1 million from the victim’s occupation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. E statements;

1. A copy of a purchase ticket, a copy of a marina ticket, a details of passbook transactions, and a photograph by cutting down CCTVs;

1. Before judgment: References to criminal records, investigation reports (Attachment of written judgments), and application of Acts and subordinate statutes to criminal investigation reports (verification of the date of final judgment);

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

1. The latter part of Article 37 of the Criminal Act for the treatment of concurrent crimes;