A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On July 16, 2015, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Incheon District Court, and the execution of the sentence was terminated on May 18, 2017.

【Criminal Facts】

On May 21, 2018, the Defendant made a false statement on the health club operated by the victim D, in the Bupyeong-gu Incheon Metropolitan City Bupyeong-gu apartment C apartment building, stating that “The victim received retirement benefits by expulsion from the military team by subrogation. In addition, it is necessary to pay down payment for the solar machine.” The Defendant borrowed 1.4 million won as down payment, the Defendant would immediately take place if he/she lends it.”

However, in fact, the defendant thought that he borrowed money from the victim to use it as a living cost, and there was no intention to purchase the solar machinery.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 1.4 million from the victim to a new bank account in the name of E (F) under the name of mechanical down payment, and acquired it by fraud from that time to June 30, 2018, and received a total of KRW 20,010,000 from 8 to 13 times as shown in the crime list as shown in the attached list of crimes, or acquired it by transfer to cash or E account.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. A complaint filed in D;

1. Previous records: Application of criminal records, etc. and investigation reports and Acts and subordinate statutes;

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

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. Scope of recommending punishment according to the sentencing guidelines [Scope of recommending punishment] general fraud (less than 100 million won) and the area of aggravation (one year to two years) (one year and six months), which is the same repeated offense;

2. The Defendant, who was sentenced to the sentence, led to the appearance that all of the crimes were led to the confession and the mistake.

However, even though the amount of damage is reasonable, there was no agreement with the victims, and the defendant did not reach an agreement.