A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On July 5, 2006, the Defendant was sentenced to six years of imprisonment with prison labor for a violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (Rape, etc. based on relative relation) at the Busan High Court on July 5, 2006, and completed the execution of the sentence in the Busan Prison on February 24, 20

On September 21, 2012, the Defendant, by deceiving B and the victim C, conspired to receive money in the name of scrap metal, borrowed money, etc. In accordance with the above public offering, B refers to as if the Defendant was a pro-friendly person at a cafeteria located in the Busan Seo-gu, Busan, as stated in the name of the Defendant, and “A runs a construction project in Msan. A is doing so at the site, after collecting all scrap metal coming from the site to the head of the on-site office and the head of the Ban at the site, I will make the said scrap metal.” The Defendant committed the said public offering as if he was a pro-friendly person B.

However, the defendant and B were not in a prison relationship, and even if they received money from the victim, they did not have the intent or ability to deliver the scrap metal to the victim.

Ultimately, the Defendant, in collusion with B, by deceiving the victim as above, received KRW 5 million from the victim to the Agricultural Cooperative (D) account in the name of B for the same day on the same day, and received KRW 31 million from the victim from the time to November 16, 2012, as shown in the annexed crime list, from November 16, 2012.

Summary of Evidence

1. Examination protocol of the accused and the B by the prosecution;

1. Statement to C by the police;

1. Copy of the details of passbook transactions and letters thereon;

1. Previous convictions in judgment: Application of criminal records and investigation reports (A previous convictions and confirmation of the date of release);

1. Article 347(1) and Article 30 of the Criminal Act; the choice of imprisonment with labor for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of the recommended sentence according to the sentencing guidelines (the determination of types) shall be limited to the fraud crime.