A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Power] On April 22, 2010, the Defendant was sentenced to 10 years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., at the Seoul Central District Court (hereinafter “Seoul Central District Court”) and filed a petition for review of the said judgment, and the Defendant was sentenced to 8 years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc., of Specific Crimes, at the Seoul High Court on January 29, 2016

【Criminal Facts】

On July 2018, the Defendant stated that “The Defendant would introduce ACs in advance by the end of August, 2018,” to the victim B who operates an entertainment drinking club.

However, even if the defendant receives money from the victim, the defendant did not have any intention or ability to introduce the victim to work in the entertainment tavern of the victim or return the money to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, through the CUnion account (D) in the name of the Defendant from the victim, obtained KRW 2 million on July 17, 2018, KRW 8.5 million on August 6, 2018, KRW 10 million on August 10, 2018, and KRW 20.5 million on August 10, 2018, respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Statement B in the police interrogation protocol of the accused;

1. The police statement concerning B;

1. A complaint, a passbook receipt, a certificate of confirmation of deposit without a passbook, a personal immigration status, a certificate (in the absence of a suspect-to-China traveler), a statement of transaction by account (in the case of submission of a suspect-to-corporate bank account), a statement of transaction by account (in the case of an association) and a report on investigation (in the case of translation of a Chinese receipt);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Judgment on the assertion of the defendant and defense counsel under Article 35 of the Criminal Act among repeated crimes.