A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 10, 2015, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Seoul Central District Court, and the judgment became final and conclusive on May 26, 2016.

Around October 2013, the Defendant demanded the victim D’s house located in Jinju-si, Jinju-si, to pay money in the name of entertainment expenses, stating that the victim’s children do not have the intent or ability to employ the victim’s children as a regular staff member of a financial institution, even though they do not have the intent or ability to employ them as a regular staff member of a financial institution.

Accordingly, on October 21, 2013, the following day after the date when the victim expected to be employed as the regular personnel of a financial institution, as the end of the defendant, remitted 20 million won to the account under the name of the defendant in the name of the defendant, as well as remitted 14 times between March 25, 2014 and March 25, 2014, 62.7 million won was remitted or delivered to the defendant in cash.

Accordingly, the defendant, by iceizing the employment of financial institutions of victims, acquired 62.7 million won from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Data submitted by a complainant;

1. A criminal investigation report (Submission of details, etc. of transactions of victimized money deposited and withdrawn by a complainant);

1. Previous convictions in the judgment: Criminal records, copies of each written judgment, and the Konet case search [a defendant can be sufficiently recognized that he/she acquired them as recorded in the facts charged, in full view of the consistent and clear statement content of the witness, relationship between the defendant and the victim, circumstances leading up to giving money, records of the victim as to receipt and disbursements of money, etc. although he/she recognizes a partial crime, and asserts that some crimes have not been received or received cash as a mere loan. However, it may be sufficiently recognized that

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. The Criminal Act, the suspension of execution;