Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On September 21, 2018, the Defendant was sentenced to three years of imprisonment with prison labor at the Seoul Central District Court for fraud, etc., and the judgment became final and conclusive on September 29, 2018.

On December 2, 2016, the Defendant made a false statement that “The Defendant would have a victim B receive money from several persons who want to receive money. In making an investment, the Defendant may receive 30% or 50% of the investment money from profits.”

However, there is no intention or ability to pay the investment principal and the profits even after receiving the investment money from the victim.

Ultimately, around December 29, 2016, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the Korean bank account of C, KRW 10 million to the Korean bank account of C around January 3, 2017, and KRW 22 million to the corporate bank account of C around May 23, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each investigation report (Submission of details of deposits by a complainant, submission of suspect C deposit statement, and submission of B data);

1. Previous convictions: Application of statutes of the judgment, such as criminal records, investigation reports (verification of the results of trials on the same kind of case A, and outputs of cases of the Supreme Court;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case with the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not likely to be committed by deceiving the victim under the pretext of giving a high-rate investment return to the defendant and by deceiving the money.

The amount of damage reaches KRW 20 million.

The defendant acknowledges and reflects his criminal act.

When a judgment is rendered at the same time as a final judgment has become final and conclusive, equity shall be taken into account.

In addition, the defendant's age, character and conduct, environment, family relationship, and each of the instant cases.