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

Punishment of the crime

On September 25, 2013, the Defendant was sentenced to three years of imprisonment for a crime of fraud in the Gwangju District Court's Netcheon Branch. On November 30, 2015, the Defendant was released on the parole on November 30, 2015 during the execution of the sentence, and the parole period expired on March 21, 2016.

On August 19, 2016, the defendant knew that the victim D, which he became aware of through the chair, refused entry in the United States, had difficulty in obtaining a visa again in the United States in the Gangnam-gu Seoul, Gangnam-gu., the defendant stated that "in Korea, he has performed several years in E, has been aware of the higher persons of E Foundation, and there are many kinds of connections such as newspapers in the United States, etc., so that he may be issued a visa in the United States through his invitation," and then, on September 19, 2016, the defendant asked the victim by telephone that "in order to solve the problem of the visa of the victim, 10 million won should be changed at the expense of visiting the victim only once a week," and that "the victim may be issued 10% at the expense of the victim."

However, at the time, the Defendant did not have any intent to request the U.S. or to help people in order to solve the problem of the issuance of the victim's visa, and even if the victim could be issued a U.S. visa again, the Defendant did not have any intent or ability to allow the victim to be issued a U.S. visa even if the victim received KRW 10 million from the victim as above.

Nevertheless, the Defendant, by deceiving the victim as such, was transferred to the bank account in the name of the Defendant, the sum of KRW 5 million around September 26, 2016, and KRW 10 million around September 29, 2016, including KRW 5 million, to the bank account in the name of the Defendant.

Summary of Evidence

1. The defendant's legal statement (the second court date) 1.