A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

On January 23, 2018, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the appellate court of the Seoul Northern District Court, and is currently in the trial of final appeal.

Criminal facts

The Defendant is a D’s operating member that supplies food materials to a “C” sales restaurant operated by the victim B.

On September 25, 2015, the Defendant made a telephone call to the victim on September 25, 2015, and “I will give a large amount of profits if I will make an investment while I have retired from D and are engaged in the business of dumping.”

If the principal is required to be returned, it shall be returned in full within 2-3 weeks, and a false statement was made to the victim as if it could bring profits to the victim.

However, in fact, the Defendant had to pay the amount equivalent to KRW 3 million every month, including interest, to around 2015 at around 10 million, to a lending company, etc., and there was no particular property or income, and there was no intention or ability to return the principal at any time because the Defendant did not engage in the business-dumping sales business.

On September 25, 2015, the Defendant received KRW 5 million from the injured party on the street in front of the Korean bank located in Gangseo-gu Seoul, Gangnam-gu, Seoul, and received KRW 9 million from the company bank account under the Defendant’s name on September 30, 2015. On October 6, 2015, the Defendant received KRW 1.39 million from the street in front of the Korean bank located in Dobong-gu, Seoul, Seoul, and received KRW 1.8 million on October 27, 2015, and received KRW 1,7190,000 in total on four occasions from the street in front of the Korean bank located in Seo-gu, Seoul, Seoul, and received KRW 1.8 million on September 27, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against B;

1. Details of account transactions and remittance data;

1. Application of Acts and subordinate statutes on a separate account list;

1. The defendant's reasons for sentencing of sentence of imprisonment are the pertinent legal provisions on criminal facts, Article 347 (1) of the Criminal Act, and the reasons for sentencing of sentence of imprisonment.