A defendant shall be punished by imprisonment for not less than three months.

Of the facts charged in the instant case, the charge of fraud on May 14, 2015 is acquitted.

Punishment of the crime

On September 28, 2011, the Defendant was sentenced to eight months of imprisonment with prison labor at the Busan District Court for fraud, and completed the enforcement of the above sentence on May 29, 2012. On November 4, 2016, the Defendant was sentenced to three years of imprisonment with prison labor at the Busan District Court for fraud, etc. and the judgment became final and conclusive on January 6, 2017.

1. On March 2014, 2014, the Defendant was requested by the victim C to collect from the victim C the claim amount equivalent to KRW 2.7 million, which the victim supplied to E operating the D cafeteria at a place where it is impossible to identify the specific place of her Busan or lower.

After that, while the defendant collected and stored the above KRW 2.7 million from E in the D cafeteria located in Busan Northern-gu F, the defendant arbitrarily used it and embezzled it around that time.

Accordingly, the defendant embezzled the victim's property.

2. On November 21, 2014, the defrauded made a false statement to the effect that “The Defendant would establish an insurance agency in the name of the victim and pay KRW 2,00,000 per month to the victim at a coffee shop where the trade name in the Busan East-gu, Busan is unknown. If an investment of KRW 8 million is made, an insurance agency will be established in the name of the victim.”

However, the defendant did not have the intent or ability to establish an insurance agency in the name of the victim even if he/she received the investment from the victim.

As such, the Defendant, by deceiving the victim as such, was given KRW 8 million from the victim to the victim, namely, the money for investment.

Summary of Evidence

1. The respective legal statements of C and H;

1. The details of the withdrawal (80 million won), investigation reports (D actually listen to the statements by telephone), and text messages;

1. The detailed statement on obligations to the person under consideration, the detailed statement on obligations received from the suspect, a copy of the process deed, and a detailed statement on account transactions;

1. Previous convictions: In response to inquiries, such as criminal history, investigation reports (Attachment to the same type of judgment), personal confinement status, case summary information, and each judgment (the defendant issued 2.3 million won to the victim as stated in paragraph 1 of the judgment) and delivered them to the victim in cash.