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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On September 28, 2009, the Defendant was sentenced to two years and six months of imprisonment for fraud, etc. at the Seoul Northern District Court, and the execution of the sentence was terminated on December 19, 201 in the prison of Seongdong-gu, while the prison of Seongdong-gu. On December 26, 2012, the Seoul Northern District Court sentenced the Defendant to eight months of imprisonment for a violation of the Attorney-at-Law Act at the Seoul Northern District Court, and the sentence became final and conclusive on February 28, 2013.
1. On August 2012, the Defendant told the victim C of a restaurant where it is difficult to know the trade name in the Pyeongtaek-gun of Gyeonggi-do, which is located in the Seocho-do, that “I would allow his/her father and wife to enter the department of D University Piano as he/she knows in the Scholarship Foundation. If you want to gather people, I would have to pay money.”
However, the Defendant was unaware of the victim’s father at the university, and was well aware that it was impossible to enter the university without undergoing an examination, even if he received money from the victim.
As above, the Defendant, by deceiving the victim as above, obtained 1 million won in total from the victim and acquired 15 million won in total on three occasions, including transfer of 4 million won in the same time, and 10 million won in August 16, 2012 from the victim to the Defendant’s account, for the purpose of funds for college admission expenses.
2. On August 2012, the Defendant told the said victim at the coffee shop around the Seocho-gu Seoul metropolitan bank located in Seocho-gu, Seoul, that “The house owned by the Defendant was offered as security for KRW 100,000,000 on the side of the apartment, and KRW 25,000,000,000,000,000,000,000,000 won, which is insufficient to prepare for the interior.”
However, in fact, E Apartment 1,5 million won and monthly rent of KRW 1,250,000 and KRW 1,500,000 are leased by the Defendant, and thus, the deposit for lease was not necessary until KRW 35,00,000, and the Defendant is KRW 25 million.