A defendant shall be punished by imprisonment for a period of two months.

Punishment of the crime

1. On January 25, 2017, the Defendant was sentenced to six months of imprisonment for fraud at the Daegu District Court, and completed the execution of the sentence on April 27, 2017.

2. The Defendant, on September 11, 2017, wanting to purchase real estate from the victim D (the age of 55) who is an employee of the said company at the office of the real estate brokerage company C, which is located at the window B of Changwon-si, Changwon-si, Seoul.

On September 12, 2017, around 15:10 on September 12, 2017, the 35th day of Busan Shipping Daegu Center, which was located in the 35th day of the cash withdrawal period of the second underground department store of the new world department store, the victim said to the effect that he borrowed KRW 1.2 million in cash so that he can live in a gift coupon, in the case of a cash withdrawal period of KRW 50,000,000,000.

However, even if the defendant received money from the injured party, he thought that he did not have the intention or ability to donate a well-known, and used it for his own living expenses, etc.

Nevertheless, the defendant, as mentioned above, made a false statement to the victim, and he obtained cash 1.2 million won from the damaged person and acquired it by fraud.

Summary of Evidence

1. Crimes indicated in judgment;

(a) Statement by the defendant in court;

(b) Statement made by the police against D;

2. The records of the offense;

(a) a response to inquiries;

B. Application of statutes on the status of individual expropriation

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

2. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of applicable sentences under law: Imprisonment for one month to 20 years; and

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

(a) Determinations: Fraud - General Fraud - Type 1 (less than KRW 100 million);

B. There is no special sentencing factor:

(c) Scope of recommending punishment: Imprisonment with prison labor for up to six months up to one year and six months (basic field);

3. In this case, a sentence of sentence is rendered, and the defendant falsely speaks that there is a lack of money in order for the victim to take a gift of a name tag, etc., the defendant shall receive 1.2 million won as a loan from the victim.