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

Punishment of the crime

[criminal history] On July 23, 2015, the Defendant was sentenced to two years and six months of imprisonment for breach of trust, etc. at the Seoul Eastern District Court, and the above judgment became final and conclusive on November 23, 2015.

[Criminal facts] The Defendant was a person who had operated a large number of successful bidders in Songpa-gu Seoul Metropolitan Government (hereinafter “D”) with the trade name “D”.

At that time, the Defendant was unable to return money due to the failure to pay the money to the members of the multiple successful bidders, and some of the members such as E and F, etc., such as: (a) took out a large number of old accounts to the Defendant’s management system and did not receive the money and did not pay it even after paying it; (b) was not good financial standing; and (c) was planned to prevent the return of the money borrowed from the victim G, and thus, there was no intention or ability to repay the money even if borrowed from the victim.

Nevertheless, on June 1, 2012, the Defendant, at the victim’s residence located in Songpa-gu Seoul Metropolitan Government H Apartment 53 Dong 705, 2012, left money.

A false statement was made to the effect that a person would have repaid 20 million won as he/she would have paid off the money.

The defendant deceivings the victim as above, and is in the same month from the victim.

7. The Defendant was transferred KRW 20 million to a new bank account (I) opened in the name of the Defendant, from that time to January 14, 2014, from that time, the sum of KRW 60,000,000,000 was transferred from the victim, as described in the list of crimes in the attached Table, to that time.

After all, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to G;

1. Application of Acts and subordinate statutes to inquiries into decisions and results of case search;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The Criminal Act dealing with concurrent crimes;