Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Criminal facts

On March 28, 2014, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Suwon District Court on March 28, 2014, and the judgment becomes final and conclusive on April 5 of the same year.

On November 30, 2013, the Defendant received KRW 114,00,00 from a new bank (Account Number: G) account in F, on the false statement to the victim E, who has contacted the Defendant with a written report that he sells the DNA contact diskettes that he bought by the Defendant in the Internet NVber C C kbook, stating that “on receipt of KRW 114,00,000, the Defendant would make a confirmation of deposit and send the contact diskettes to a selective transfer.”

However, in fact, the defendant did not have the above contact diskettes, and even if he received the price from the victim, he did not have the intention or ability to send the above contact diskettes.

Accordingly, the defendant was transferred to the victim E and 114,00 won.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement and a written petition of E;

1. A list of gold trading;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to investigation reports (a written judgment and a report accompanied by a case search report by the Supreme Court);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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

1. In light of the method of deceptioning the reason for sentencing under Article 334(1) of the Criminal Procedure Act, a punishment was determined by taking account of equity in cases where a judgment was rendered at the same time as a judgment became final and conclusive, even though the nature of the crime was not good and the damage was not recovered.