Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

[Criminal Power] The Defendant is a person who was sentenced to imprisonment with prison labor for six months at the Suwon District Court on May 27, 2019 and was sentenced to a two-year suspended sentence for fraud and on June 4, 2019, for whom the said judgment became final and conclusive.

【Criminal Facts】

피고인은 2018. 11. 8.경 장소를 알 수 없는 곳에서, 사실은 대출을 하여 줄 의사나 능력이 없음에도 불구하고 피해자 B에게 전화하여 “좋은 신용대출이 있다. 80만 원을 소액결제를 해주면 160만 원을 대출해주겠다.”라고 거짓말하여 이에 속은 피해자로 하여금 피해자의 휴대전화번호(C)로 2018. 11. 8. 17:55경부터 같은 날 17:59경까지 30만 원, 2018. 11. 9. 15:31경부터 같은 날 15:33경까지 20만 원의 넥슨캐시를 소액결제하게 하고 그 인증번호를 전달받아 합계 50만 원 상당의 재산상 이익을 취득하였다.

Around November 15, 2018, the Defendant continued to know a place where it is unknown, and the fact is false to the victim that the victim would no longer proceed with the loan even though the victim did not have an intention or ability to return the money already received, and that the victim would return all the amount of money if he/she wired the money of KRW 300,000 to the Nonghyup Bank account (D) in the name of the Defendant on November 15, 2018. The Defendant was transferred KRW 200,000 to the Bank account in the name of the Defendant (E) and KRW 100,000 to the Bank account in the name of the Defendant.

Accordingly, the defendant, by deceiving the victim, has acquired a total of KRW 800,000,00.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Protocol of the police statement concerning B;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and reference materials;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 70 (1) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.