A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[criminal records] On June 11, 2014, the Defendant was sentenced to eight months of imprisonment for fraud at the Gwangju District Court, and completed the execution of the sentence at the Sejong District Court on January 9, 2015. On May 31, 2017, the Gwangju District Court sentenced one year of imprisonment with prison labor and two years of imprisonment with prison labor, and became final and conclusive on August 25, 2017.

[Criminal facts] On October 2016, the Defendant: (a) intentionally accessed the victim C, who was in the front of the B apartment house in Gwangjuyang-si around 2016, and attempted to perform funeral services; and (b) was aware of and made payment with the victim.

On October 21, 2016, the Defendant concluded that “Around October 21, 2016, the Defendant would have the victim sell the real estate at auction, but would have the pentent land be sold to D at Mayang-si.”

However, at the time of fact, the defendant was thought to use the money that he received from the injured party as personal debt or living expenses due to bad credit standing, and there was no intention or ability to allow the injured party to auction the D-style land at the time of lightyang, because he did not have the real estate auction date.

As such, the Defendant, from October 21, 2016 to October 26, 2016, received KRW 42 million from the Defendant’s wife E’s post office account (F) over three occasions from the victim to October 26, 2016, and received KRW 164,043,800 in total from October 28, 2016 to November 28, 2016, as indicated in the list of crimes, five times as shown in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A complaint (including attached documents);

1. Previous convictions: Inquiry into criminal history, report on investigation (report on accompanying the status of confinement of suspects), and application of statutes of the judgment text;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reasons for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes are as follows.