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A fine of KRW 5 million shall be imposed on the second crime in which the defendant's judgment is held.
The above fine shall not be paid by the defendant.
Reasons
Punishment of the crime
[criminal records] On August 13, 2015, the Defendant was sentenced to two months of imprisonment and ten months of imprisonment for fraud in the Gwangju District Court's interest support, respectively, and the judgment became final and conclusive on October 30, 2015.
[Criminal facts]
1. On January 26, 2015, the Defendant in fraud against the victim C used the victim, who is the mother of D, for money, KRW 48 million as the cost of preparing documents necessary for paroled D, and the victim, who has no cost of living, will be repaid with money.
“A false statement was made to the effect that it was “.”
However, in fact, the defendant did not use documents necessary for the parole of D, and even if he did not receive money from the injured party due to no particular income, he did not have the intention or ability to pay the money.
The defendant deceivings the victim as above and transferred KRW 2 million to the Gwangju Bank account under the name of the defendant on the same day from the victim.
2. On July 30, 2016, the Defendant in fraud against the victim D, in contact with the victim on the land of the Republic of Korea (U.S.) no more than the Southern-gun (U.S.), and was unable to repay the money to the Defendant with the Defendant, “A.S. 400,000 won of the money to the Defendant, but the Defendant was unable to pay the money to the Defendant.”
“A false statement was made to the effect that it was “.”
However, in fact, the defendant did not borrow money from the ship, and even if he did not own a vehicle, he did not have any intention or ability to pay the money even if he did not receive the money from the injured party.
As above, the Defendant: (a) by deceiving the victim; (b) received 400,000 won from the injured party to the NongHyup Bank account under the name of E on the same day; and (c) received a total of KRW 5,400,000 from August 22, 2016, as indicated in the List of Crimes.
Summary of Evidence
No. 1 of the Judgment
1. Statement of the defendant in the first trial record;
1. A complaint filed in D;
1. Detailed statement of deposit transaction records;
1. Previous convictions: Inquiry of criminal history and investigation reports (the period of repeated crime; and