A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[criminal records] On July 18, 2013, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Eastern District Court, and completed the execution of the sentence at the Sungdong detention center on September 28, 2013.

[Criminal facts] The Defendant is a person operating U.S. corporation established for the purpose of selling real estate by proxy in Jung-gu Seoul Metropolitan Government T.

On February 26, 2016, the Defendant, even though he did not have any authority with respect to the AH cooking remodeling project located in Chungcheongnam-si, was transferred to the Korean bank account (AV) account of the U.S., 50 million won from the 6th floor BM office in Gangnam-gu Seoul Metropolitan Government, through BN, to the victim BO via BN on February 26, 2016.

Accordingly, the defendant deceivings the victim, thereby deceiving 50 million won.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of a witness of the police with regard to BN;

1. Statement made by the police against BO;

1. A restaurant operation contract (U);

1. A deposit statement (U);

1. A letter of undertaking;

1. Previous convictions: Residents; Application of Acts and subordinate statutes making inquiries about criminal history;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. In light of the fact that the Defendant who was sentenced to punishment under Article 35 of the Criminal Act for aggravated repeated crimes was punished several times for the same type of crime, and that the Defendant repeatedly committed the instant crime during the repeated crime period after the execution of imprisonment was completed for the same kind of crime, and that it seems difficult to expect damage recovery in the future and make it difficult to expect it easily.

In addition, the punishment shall be determined in consideration of the circumstances shown in the records and arguments of this case.