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

The defendant pays 3,720,000 won to the applicant by fraud.

Punishment of the crime

[criminal records] On April 20, 2017, the Defendant was sentenced to imprisonment with prison labor and four months for fraud at the Daegu District Court on April 20, 201, and the judgment became final and conclusive on April 28, 2017.

[2] On May 8, 2016, the Defendant stated that “A victim D who was found to request the collection of the claim in the office of the Daegu Suwon-gu, Daegu-gu, may demand the collection of the claim,” and “A claim collection will be made if necessary expenses are paid.”

However, on April 22, 2011, the Defendant had already been sentenced to a suspended sentence of two years for fraud in the Daegu District Court sentenced to imprisonment of eight months for fraud, and even if at the time of the instant case, the Daegu District Court was under trial for fraud in the name of the claim collection, it was committed as if it actually collected the claim by concealing such fact, and even if receiving money from the injured party, it was thought that it was used for personal use, and there was no intention or ability to perform the claim collection work.

As such, the Defendant, by deceiving the victim, received KRW 400,00 from the victim on May 9, 2016, KRW 320,000 as the starting fee, KRW 320,000 as the expense of seizing the head of Tong on May 13, 2016, and KRW 3 million as the deposit money on May 17, 2016, and acquired KRW 3,720,00 in total from the agricultural bank account (E) in the name of each Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A detailed statement and name statement of deposit transactions;

1. Previous convictions: Application of each of the court rulings (No. 18,19,20 on the list of evidence) and the results of case search;

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;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The grounds for sentencing under Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Compensation Orders and Sentence of Provisional Execution are as follows: (a) the following factors are considered: (b) the age, sexual conduct, family relationship, family environment, motive and means of the crime, degree of participation, circumstances after the crime, etc.; and (c) the various sentencing conditions specified in the records and arguments of this case.