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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On November 28, 2011, the Defendant was sentenced to three years of imprisonment for fraud in the Incheon District Court Branch Branch of the Incheon District Court on November 28, 201, and completed the execution of the sentence on March 28, 2014.
1. On August 2015, the Defendant: (a) around August 2015, the Victim C received money from the Victim C by running a business in Hadar and bring this money to Korea; (b) the Defendant was a citizen of the United States, but is currently a non-resident of the United States, and thus, (c) should pay a tax to non-resident
A false statement was made that 20,000,000 won (in Korean Won 22,00,000 won) deposited in a body bank of U.S. mother in a foreign country, would be paid in KRW 160,000,000,000 to the Republic of Korea. The loan of KRW 80,000,000,000 to the Republic of Korea would be paid in KRW 160,000,000 after paying taxes to the United States.
However, the defendant did not have deposited large amount of funds in a foreign bank, and even if he borrowed money from the victim, he did not have any intent or ability to repay it at the above high interest rate.
Around September 8, 2015, the Defendant deceiving the victim as above and had the victim transfer KRW 36,681,158 in the name of E in the name of E, as designated by the Defendant at the branch of Nonghyup Bank D (central conference) around September 8, 2015, and then acquired KRW 78,826,881 in total by letting the Defendant transfer KRW 42,145,723 to the HSBC bank account (J) in the name of H as designated by the Defendant. The Defendant received KRW 8,173,119,000,000,000,000,000,000,000,000 won in cash from K that was designated by the Defendant.
2. On November 13, 2015, the Defendant, at the Nonghyup Bank M branch located in Seo-gu, Daejeon, Seo-gu, Daejeon, “The issue of U.S. tax was resolved well, and the exchange loss was caused, and cannot be deposited into the Republic of Korea the property located in the United States. If the Defendant borrowed KRW 20 million,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000) to the Republic of Korea.”