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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

【Prior Crimes under the latter part of Article 37 of the Criminal Act】 On January 25, 2013, the Defendant was sentenced to imprisonment with prison labor for six months at the Gwangju District Court for violating the Game Industry Promotion Act, and the said judgment became final and conclusive on February 2, 2013.

[Judgment of the court below] Around March 11, 2011, the Defendant made a false statement to the Defendant that “The Defendant would pay 2 million won to the Defendant to the Samsung Card Settlement Account immediately if he transfers the card amount to the Samsung Card Settlement Account.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

Nevertheless, the Defendant deceiving the victim and caused the victim to transfer KRW 2 million to the Samsung Card Settlement Account under the name of the Defendant’s card payment, thereby acquiring property profits equivalent to the same amount.

Summary of Evidence

1. The defendant's legal statement, the police statement with C, and the copy of passbook transaction;

1. Records before judgment: Application of Acts and subordinate statutes of the defendant's legal statement, criminal record, etc.;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Selection of Fine;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;