A defendant shall be punished by imprisonment for four months.

An applicant for compensation order shall be dismissed.

Punishment of the crime

[criminal power] On October 20, 1980, the Defendant was sentenced to six months of imprisonment without prison labor for fraud at the Gwangju District Court. On December 27, 2007, the Seoul Central District Court sentenced one year of the suspension of execution to four months of imprisonment for fraud. On December 4, 2008, the Seoul Central District Court sentenced two years of the suspension of execution to four months of imprisonment for fraud, etc.

【Criminal Facts】

On July 25, 2010, the Defendant told the victim C’s house located in Seongbuk-gu Seoul Metropolitan Government Seongbuk-gu that “The victim will faithfully pay the time of payment to the victim 19,000 won of monthly payment, KRW 2,50,000 of monthly payment, KRW 300,000 of monthly payment, and KRW 5,00,00 of the credit amount after receiving the payment from the victim 19,000 won of monthly payment, and KRW 5,000 of the credit amount.”

However, the Defendant, as a bad credit holder at the time, was merely 40,000 won of monthly income. However, there was no intention or ability to pay the fraternity even if he was admitted to the above number system due to the lack of property, etc.

Nevertheless, the Defendant made a false statement as above, and caused the victim to join the same time as the Defendant at the same time, and received KRW 5 million from the victim around August 25, 2010.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A complaint;

1. Investigation report (report accompanying credit information to a suspect);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report attached to written judgments);

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

1. The sentencing range based on the sentencing guidelines for sentencing on the grounds of Article 32(1)3 and (2) of the Act on Special Cases Concerning the Dismissal of Application for Compensation Order, etc. (in cases where the scope of liability for compensation is unclear and it is inappropriate to issue a compensation order in the criminal procedure): The scope of sentencing based on the sentencing guidelines is relatively small amount of damage in January to 1, and the damage in this case was recovered to a certain extent.