A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal Power] On August 23, 2012, the Defendant was sentenced to six months of imprisonment for embezzlement at the Seoul Central District Court, and the above sentence became final and conclusive on December 1 of the same year.

【Criminal Facts】

The defendant was aware that the victim C, who is between the defendant and the money, is about the employment problem of the son, and was trying to obtain money from the above victim under the pretext of finding employment of the son.

Therefore, around September 6, 2010, the Defendant made a false statement to the effect that, in the house of the above victim D located in the south of Korea, the said victim was employed by the said victim through the Defendant’s birth E, the Defendant, through the Defendant’s birth. In doing so, it is necessary to reach the vice president of the Spanco. 5 million won, the Defendant sent it to the account.”

However, even if the defendant received money from the above victim, he did not have the intention or ability to find employment for the victim's children in Scoco.

Nevertheless, as above, the Defendant, by deceiving the victim as above, received KRW 5 million from the national bank account (Account Number:F) in the name of the Defendant on the same day, and acquired KRW 5 million from the above date and time to October 24, 201, all of which were received four times from the above date and time up to October 24, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Details of complaint forms, copies of passbooks, and Handphone Ss;

1. Each investigation report (Evidence List 2, 6);

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (Evidence List 8);

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

1. Circumstances unfavorable to the reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Code dealing with concurrent crimes: The defendant has a high possibility of criticism against the applicable applicable law in that he committed the instant crime by taking advantage of his personal relations, and the circumstances favorable to the fact that the recovery of damage was not fully achieved: 1.