A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On November 26, 2015, the Defendant was sentenced to six months of imprisonment for fraud at the Daegu District Court, and the execution of the sentence was terminated in the Daegu Prison on May 26, 2016.

【Criminal Facts】

On December 2, 2016, the Defendant found the victim C’s house located in Daegu Seo-gu Office B, and made a false statement to the effect that “The Defendant would be a money to purchase a dump truck and engage in a leasing business in the Philippines. If the Defendant borrowed money, he/she would have repaid money with a leasing business.”

However, at the time of fact, the defendant did not have any specific property or income, and did not have good credit standing, so even if he borrowed money from the victim, he did not have any intention or ability to repay it.

Ultimately, the Defendant deceiving the victim as above and delivered KRW 20 million to D Daegu Bank account designated by the Defendant on December 21, 2016, and received KRW 20 million in cash on December 25, 2016, and received KRW 11 million in cash around December 28, 2016. On February 27, 2017, the Defendant received KRW 36 million in total on four occasions from E’s account designated by the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Each police statement concerning C and F;

1. Investigation report (in cases of failure to submit evidential documents of a suspect and attachment of details of entrance and departure);

1. Response to a request for cooperation in investigation;

1. Copies of bankbooks, business registration certificates, and details of the entry and departure transactions;

1. A complaint;

1. Previous convictions: Criminal records, investigation reports (recognating repeated crimes and records of the same kind), personal confinement status, application of statutes of the judgment;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. In light of the fact that the defendant for sentencing Article 35 of the Criminal Act among repeated crimes committed the crime of this case during the same repeated crime period, the amount of damage is considerable, and the defendant has the record of being punished several times for the same kind of crime, it is inevitable to sentence the defendant to imprisonment.

(b).