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] On January 9, 2019, the Defendant was sentenced to two years of imprisonment with prison labor for an attempted special larceny at the Daegu District Court for eight months, and the judgment became final and conclusive on January 17, 2019. On January 21, 2020, the same court was sentenced to eight months of imprisonment with prison labor for a crime of fraud and the judgment became final and conclusive on June 13, 2020. On July 15, 2020, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for six months in the same court for a crime of fraud and the judgment became final and conclusive on August 26, 2020.

【Criminal Facts】

The defendant, B, as a friendly Gu, acquired money under the name of the defendant's friendly victim C by deceiving the defendant's friendly victim C in the name of investment in the sales business of D items, and is also used for sports soil and gambling.

1. Fraud - around October 20, 2017, the Defendant made a false statement to the effect that “When investing in the D item sales business, the Defendant would pay 6% of the amount invested in the D item as profit for the victim at a place where his name cannot be known according to the above mother’s mother’s name on October 20, 2017. The principal will be returned immediately if four weeks prior to the end of one week.”

However, in fact, Defendant B did not think that the victim was engaged in the D item sales business with the money received, and was thought to use it for the sports Saturday, so even if receiving investment money from the victim, Defendant B did not have the intent or ability to pay the principal and profit to the victim.

Defendant and B received KRW 20 million from the victim to the new bank account of the Defendant on November 6, 2017.

As a result, the defendant and B were provided property by deceiving the victim in collusion.

2. Around December 7, 2017, the Defendant made a false statement to the effect that “The Defendant, according to the above mother’s name, was no longer known, at a place where the name cannot be known on December 7, 2017, the Defendant made a false statement to the victim to the effect that “the money in order to purchase the items from another server is more than five million won,” to the victim.

However, in fact, Defendant B sold D items with the money received by the victim.