A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On December 20, 2013, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Incheon District Court on December 20, 2013, and completed the enforcement of the sentence at the Incheon Detention House on October 16, 2014.

On December 5, 2014, the Defendant entered into a contract with the victim’s “ridcop” by telephoneing to “ridcop,” and agreed to repay the principal and interest by equal means during the 21st day of each month, interest rate of 34.90%, and 48 months, and borrowed KRW 3,00,000 from the victim.

However, the defendant did not have certain income, so there was no intention or ability to repay even if he received a loan from the victim.

The Defendant received 3,00,000 won as a loan from the victim, i.e., the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. AO statements;

1. Customer information detailed reports, loan agreements, loan transaction contracts, and written confirmation of details of transactions;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (former records and attachment of judgment);

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

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