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Defendant
A and B shall be punished by imprisonment with prison labor for one year and six months, and by imprisonment with prison labor for one year.
However, as to Defendant C, the same shall apply.
Reasons
Punishment of the crime
[criminal record] Defendant A was sentenced to ten months of imprisonment for attempted fraud, etc. at the Seoul Central District Court on May 19, 2010, and completed the execution of the sentence at the Chuncheon Prison on June 1, 2011. Defendant C was sentenced to ten months of imprisonment for fraud at the Seoul Northern District Court on May 7, 2015, and the judgment became final and conclusive on February 3, 2016.
[Criminal facts] 2016 Highest 964 (Defendant A)
1. On May 14, 2013, the Defendant, at “I” located in Dongdaemun-gu Seoul, Dongdaemun-gu, the victim J, heard that L, an employee of the victim’s husband K, was arrested on the charge of fraud, who is an employee of the victim’s husband K from the victim J, and falsely stated that “The victim would request KRW 500,000,000 to be released immediately through an attorney-at-law and prosecutor who knows within the Republic of Korea.”
However, even if you receive money from the injured party, the money was not thought to be used for release of the L, and there was no intention or ability to release the L.
On May 16, 2013, the Defendant deceivings the victim as above and transferred KRW 5 million to the National Bank Account (M) account in the name of the Defendant to the victim.
2. Around May 25, 2013, the Defendant stated that “A” in the foregoing “I, the Defendant was detained by her husband, who was detained by her husband, and was in confinement in the Daegu detention center, and the Defendant falsely stated that “The Defendant would have changed expenses, such as the Central Daily N and O attorney fees, so that L and K may be released immediately through L and K,” to the victim.
However, even if the money was received from the injured party, the money was not thought to be used for release of L and K, and there was no intention or ability to let the said person release.
As above, the Defendant: (a) to the account of P’s bank account ( Q) with the name of P, from the victim who deceivings the victim as above; and (b) the amount of KRW 1 million on May 29, 2013 from the victim;
6.5.5 million won;
6.14.3 million won;
6.28.100,000 won;
7.2.30,000 won;
7.16.200,000 won;
7. 17.4 million won is remitted to the above national bank account under the name of the defendant, respectively.