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

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

Punishment of the crime

[criminal power] On March 23, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Food Sanitation Act at the Jeonju District Court on March 23, 2017, and the judgment became final and conclusive on March 31, 2017. On June 5, 2018, the Daejeon District Court rendered two years of suspended sentence of one year of imprisonment with prison labor for a violation of the Food Sanitation Act, and the judgment became final and conclusive on June 13, 2018.

【Criminal Facts】

Around 12:40 on January 6, 2017, the Defendant made a phone call to the victim B, and “The Defendant purchased and sold it to purchase and make a money for the purchase of double distribution. At the last time, the Defendant made a false call to the victim B, stating that if he/she sold double distribution and borrowed three million won as he/she borrowed double distribution, he/she will use it in purchasing double distribution and make payment for one week.”

However, in fact, it was intended to use the borrowed money from the victim for repayment of other debts, and there was no intention to purchase the double estimateds and sell the double estimateds purchased again, and there was no intention to repay the debts. The defendant did not have a good financial condition, and there was no ability to repay the debt of one million won borrowed as the purchase price for double estimateds to C, which is the large-frequency business operator.

At around 12:50 on the same day, the Defendant received three million won from the victim to the D account under the name of the Defendant as a loan.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Account details;

1. Previous convictions in the judgment: Criminal records, written judgments (written assistance 2017 high-end 489), and application of statutes (written assistance 2016 high-end 2372);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

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

1. Normal circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The fact that the defendant repents his/her mistake and reflects his/her depth, the defendant agreed with the victim, and the criminal records in its holding.