Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant has taken advantage of the fact that D, which is the profin of the victim C, is detained by the victim, to acquire money from the victim under the pretext of D's deposit, payment of fines, etc.

On May 27, 2015, the Defendant made a false statement to the effect that “The Defendant would request the Defendant to pay the money for the custody deposit,” by putting the phone to the victim.

However, even if the defendant received money from the victim, he did not think that he would be used for D, and he would receive money from the victim by using the detention status of D from the beginning.

The Defendant received KRW 50,000 from the victim to the Agricultural Cooperative Account in the name of the Defendant, from June 26, 2015, a total of KRW 2,590,000 from the victim, from around seven times to around June 26, 2015, as shown in the list of crimes.

Summary of Evidence

1. C’s legal statement;

1. Partial statement of witness D;

1. C Application of the Acts and subordinate statutes governing filing of complaint;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

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;

1. According to the evidence adopted and examined by this court under Article 186(1) of the Criminal Procedure Act, the fact that the defendant acquired money from C under the name of paying deposit money or fine for D as stated in the facts constituting a crime can be fully recognized.

한편 이름도 제대로 알지 못하는 브로커에게 D 사건의 피해자에 대한 합의금 명목으로 200만 원을 건넸다는 피고인의 주장은 그대로 믿을 수 없다.

Although there is a fact that the defendant made several visits to D and included the amount of custody, etc. for D, the amount is extremely high compared to the amount of fraud.