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

Punishment of the crime

[criminal history] On December 15, 2011, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Incheon District Court, and the parole period was expired on October 26, 2012 during the execution of the sentence at the Incheon Detention House, and the parole period was expired on December 14, 2012. On March 30, 2016, the Defendant was sentenced to eight months of imprisonment for special larceny and the judgment became final and conclusive on April 7, 2016.

[2] Around March 4, 2015, the Defendant loaned funds necessary for the business of a milk agency, which he/she is going to stay in his/her unmarried marriage, to the victim, who developed in a tobacco relationship through mobile phone hosting fluor at “E” E, which is operated by the victim D, which is located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, to whom he/she had been subject to business suspension, but is now subject to business suspension, and is repaid while operating a milk agency.

If a credit card is lent, the credit card price will be paid.

The mobile phone also made a false statement to the effect that the user fee is to be paid at home.

However, in fact, the Defendant had already been three children by marriage and did not run a milk agency business, and was planning to use the money received from the injured party as living expenses, etc. due to bad credit standing, such as not exceeding 85,000,000 won with no particular property or income, and thus, there was no intention or ability to repay the money even if the injured party borrowed money, credit card, etc. from the injured party.

The Defendant, from around that time to September 21, 2015, received KRW 100,00 from the victim’s account in the name of the Defendant on the same day, and acquired KRW 8,082,50 in total on 32 occasions from around that time by transfer or by requiring the victim to repay to the victim, as shown in the list of crimes in the attached Table. From March 15, 2015 to November 5, 2015, as stated in the attached Form of Samsung Credit Card Use Statement, the Defendant acquired the total amount of KRW 24,340,688, total amount of the use of Samsung Credit Card over 245 times in total, as stated in the list of the use of Samsung Credit Card.