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

An application for compensation by an applicant for compensation shall be dismissed.

Punishment of the crime

[Criminal Power] On September 18, 2014, the Defendant was sentenced to four months of imprisonment for fraud and one year of suspended execution at the Seoul Southern District Court, and the judgment became final and conclusive on September 26, 2014.

【Criminal Facts】

On June 21, 2011, the Defendant made a false statement to the effect that “The Defendant would faithfully pay the fraternity to the victim C on the relevant day on which he/she did so,” from No. 808 in the vicinity of E No. 5 in Seoul Special Metropolitan City, Nowon-gu.

However, the defendant has no property under his/her own name, and his/her husband G paid the unpaid amount equivalent to one billion won on or around the beginning of 2010, and he/she opened a new fraternity to prevent the return of the fraternity after the retirement. Therefore, even if he/she received the fraternity, he/she did not have any intent or ability to pay the fraternity normally.

As such, the Defendant: (a) by deceiving the victim on June 21, 201; (b) taken part in seven million won in the seven-day mold around June 21, 201; (c) taken part in the seven-day mold around July 19, 201; (d) taken part in the seven-day mold around July 19, 201 and received KRW 7 million on the same day; (c) taken part in the seven-day mold around January 17, 2013 and received KRW 5 million on the same day; and (d) taken part in the five million mold around January 20, 2013 and received KRW 5 million on the five-day mold from January 20, 2013.

Accordingly, the defendant received a total of KRW 24 million from the victim as a guidance money, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A copy of the current status of deposit money;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 347(1) of the Criminal Act, the choice of imprisonment with prison labor, inclusive, with respect to applicable legal provisions and the choice of punishment for the crime;

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

1. In this case, the scope of liability for compensation is unclear because the victim under Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Dismissal of Application for Compensation is not clear.