Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On March 30, 2011, the Defendant was sentenced to a suspended sentence of three years and a fine of ten million won for a year of imprisonment for fraud at the Seoul Northern District Court on March 30, 201, and the judgment became final and conclusive on April 7, 201, and on February 3, 2012, the Defendant was sentenced to a suspended sentence of three years and a fine of two million won for the same offense in the same court on October 3, 201, and the said judgment became final and conclusive on February 11, 201.

Criminal facts

On June 201, the Defendant made a false statement to the victim D with the purport that “10 billion won is being kept in custody in the warehouse located in Gyeonggi-do, Namyang-si, Gyeonggi-do, and in order to encash this check, it shall be transferred to Seoul to the security service company for the purpose of safely moving the check, and since there is a shortage of money to be paid to the security service company to move the check, it is short of the money to be paid to the security service company.”

However, the defendant did not own a 10 billion won check and did not have an intention or ability to repay money to the victim even if he borrowed money.

As above, the Defendant, by deceiving the victim, received KRW 4 million on July 4, 201 from the victim for the expenses of moving checks, and KRW 3 million on July 11, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D's prosecutor and police statement;

1. A copy of a deposit passbook;

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

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing reasons under Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be determined like the order, taking into consideration the fact that the defendant is against the defendant, the fact that the defendant has agreed with the victim, the age, environment of the defendant, criminal records, etc.;