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

Punishment of the crime

On November 1, 2016, the Defendant was sentenced to four years of imprisonment for fraud, etc. in the Daegu District Court Kimcheon support, and the judgment became final and conclusive on November 9, 2016.

On February 14, 2017, the Defendant appealed from the Incheon District Court (No. 2016No. 5112, etc.) to one year and two months of imprisonment for fraud, etc., but on March 3, 2017, the above judgment became final and conclusive around that time by withdrawing the appeal.

On June 10, 2016, the Defendant made a false statement to the E office where D works in Simpo-si C, namely, “F will work as a seafarer from the date of face-to face-face 500,000 won to December 30, 2016,” to “F will work as a seafarer from the date of face-to face-face 5,00,000 won to face-to-face 5,000 won.”

However, even if the defendant received a advance payment, he did not intend to work as a seafarer of F, such as locked after using it for his personal purpose.

The defendant acquired 5 million won from the injured party to the KB bank account in the name of the defendant on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A complaint filed by G;

1. A copy of an application for issuance of a resident registration certificate, a copy of an employment contract, and a cash loan;

1. Details of transactions in the account of the National Bank in the name of KB;

1. Previous convictions in judgment: Application of investigative reports (the concurrent crimes and the confirmation of the case in the judgment after Article 37 of the Criminal Act), criminal records, and replys to inquiries, such as criminal records;

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

1. The latter part of Article 37 of the Criminal Code for the Handling of Concurrent Crimes: (a) there are many criminal records of the same kind in sentencing of Article 39(1); (b) the damage was not recovered; and (c) the defendant recognized his mistake and reflects his fault; and (d) the crime of this case constitutes concurrent crimes of the group after Article 37 of the Criminal Code; (b) the degree of damage; (c) the process of the crime; and (d) the prosecutor’s punishment (4 months of imprisonment). However, the defendant is under separate detention (the vice branch of the Daegu District Court 2018 High Court 1243 High High Court 1243).