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

The defendant pays 32 million won to D who is an applicant for compensation.

Punishment of the crime

1. Around December 24, 2011, the Defendant against the victim D made a false statement to the effect that “I will pay money to the president, who was aware of as a customer, in return for a financial consultation with the victim D at the instant coffee shop in Seocho-si E apartment in Busan, Seo-si., and that “I will give money to the president, who was aware of as a customer, who would give money to the customer.”

However, the defendant did not have the intention or ability to pay the money received from the victim.

Nevertheless, the Defendant, as above, by deceiving the victim, received KRW 5 million from the victim on December 24, 201, KRW 20 million on December 28, 201, KRW 32 million on December 28, 201, and KRW 72 million on January 9, 2012 from the Agricultural Cooperative Account in the name of the Defendant.

2. Around December 31, 2011, the Defendant against the victim C made a financial consultation at the victim C’s house located in Seocho-si, Seosan-si, with the victim’s home, and made a false statement to the effect that “I will give money to a bank with no interest. If I will receive the thesis money, I will give money to the president who knows to the customer, and will not pay in ten copies per month.”

However, the defendant did not have the intention or ability to pay the money received from the victim.

Nevertheless, the Defendant, as above, by deceiving the victim, received KRW 17 million from the victim on January 13, 2012 from the said account.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning C and D;

1. Application of Acts and subordinate statutes on deposit certificates and copies of bankbooks;

1. Article 347(1) of the Criminal Act (including fraud about victim D) and each choice of imprisonment with prison labor for the crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 25 (1) 1, and Articles 31 (1) and (2) of the Act on Special Cases concerning Litigation Promotion, etc. of Compensation Orders;

1. The defendant with reasons for sentencing under Article 32(1)2 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders, except for cases where the defendant is sentenced to a fine once