A defendant shall be punished by imprisonment for not less than two months.

Punishment of the crime

[Criminal Power] On November 5, 2019, the Defendant was sentenced to two years of imprisonment for fraud at the Seoul Central District Court, and the said judgment became final and conclusive on November 25 of the same year.

【Criminal Facts】

On October 2016, the Defendant sent a photograph of the detailed statement of the deposit money to the victim D, which was deposited in the amount equivalent to KRW 300 million in Kakaox, at the residence located in the area of Sungnam-si Btel C, Sungnam-si, 2016, and concluded that “If the deposit account is not possible to withdraw the money on the passbook due to the seizure of the deposit money due to the failure to pay taxes, if the amount of the tax is leased, the Defendant would be released from the seizure of the deposit money after paying the tax, and would be repaid to the money.”

However, at the time of tax payment, there was no seizure of the Defendant’s account or deposit of 300 million won in the Defendant’s account. The Defendant was planned to use the money borrowed from the victim as the name of the repayment of the debt, etc., and the Defendant was liable for the debt amounting to 50 million won without any specified income at that time, and thus, there was no intent or ability to repay the money even if borrowed from the

Nevertheless, the Defendant, as seen above, by deceiving the victim, received KRW 1,980,00 from the victim to the Agricultural Cooperative Account (E) under the name of the Defendant on October 13, 2016 as the loan money and received KRW 28,816,390 in total from June 9, 2017 from that time, as shown in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Details of the entry and departure transactions, list of details of damage therefrom, etc., data on Kakakao, and details of each account transaction;

1. Before ruling: Criminal history records, etc. and application of Acts and subordinate statutes to inquiry reports and investigation reports (Attachment to judgments of the same kind of suspect cases);

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

1. The defendant's reasons for sentencing under the latter part of Article 37 and Article 39 (1) of the Criminal Act.