A defendant shall be punished by imprisonment for two years.

Punishment of the crime

On April 16, 2009, the Defendant called the Victim G (Woo, 34 years of age) with the knowledge of Internet hosting around April 16, 2009, and sent money of KRW 1.8 billion to China through the gold reduction source while running a business. The Defendant is entitled to receive a refund of money for which a surcharge is to be paid for the money.

The amount of the additional collection charge is 9,200,000 won, and the amount of the additional collection charge is to be paid and repaid if the money sent to China enters it later.

However, the defendant did not have any money paid to China at the time, or there was no money to receive a refund, and even if he borrowed money from a large amount of debt from the injured party, he was considered to use it as the purpose of personal debt repayment, and there was no other intent or ability to repay the borrowed money to the injured party as agreed upon.

Ultimately, on April 17, 2009, the Defendant, by deceiving the victim as above, received KRW 9.2 million from the damaged person on the pretext of the borrowed money, as well as received a total of KRW 407,090,000 from around that time to July 29, 2015 as stated in the list of crimes in the separate sheet of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A copy of each transaction report, a copy of a loan transaction agreement, etc., a copy of a loan transaction statement, a certificate of details of repayment of loans, a card statement, a written confirmation of transaction details of insurance contract loans, etc., and the application of statutes on application for Internet pension loans

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. The scope of punishment by sentence: Imprisonment with prison labor for not more than ten years;

2. Application of the sentencing criteria [Scope of the recommended punishment] The basic area (one year to four years) (no person subject to special sentencing) of the two types of general frauds (at least KRW 100 million, but less than KRW 500 million).

3. According to the sentence, the following circumstances and the defendant's age, sex, environment, family relationship, and motive for committing the crime: