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

Punishment of the crime

On September 11, 2008, the Defendant was sentenced by the Cheongju District Court for robbery, etc. and was released on May 30, 201 in the execution of the sentence on September 30, 201, and the parole period passed on November 30, 201.

The written indictment does not contain a record of criminal records constituting the grounds for repeated crimes or Article 35 of the Criminal Act, but did not contain any data such as the number of individuals and the current status of acceptance as evidence, but it is recognized as above (see Supreme Court Decision 71Do2004, Dec. 21, 1971; 52, the investigation records). The Defendant is a person who traded a vehicle in the middle and the victim V as a person who was a middle school, and is a friendship with the victim V.

On April 7, 2014, the Defendant needs to pay money to the victim for a heavy difference.

It is intended to purchase and sell the vehicle with the loan of money to repay the profit to the interest remaining.

“...”

However, at the time of fact, the defendant was using money from the injured party as a result of leaving a sports Saturday, so even if he borrowed money from the injured party, he did not have the intent or ability to pay the money borrowed from the profits to the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim as above, received KRW 3 million from the national bank account (W) in the name of the Defendant under the name of the victim for the same day from the victim; (b) and (c) received money in total from April 7, 2014 to June 28, 2014 under the same name as indicated in the list of crimes in the separate sheet from April 7, 2014 to June 28, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement protocol of the police concerning V;

1. Details of transactions of passbooks in the National Bank Account (V);

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, and the application of reporting Acts and subordinate statutes after previous convictions;

1. Article 347 (1) of the Criminal Act comprehensively including the relevant Article of the Act and the choice of punishment for the crime (the choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes.