Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On January 8, 2015, the Defendant was sentenced to five years of imprisonment for robbery at the Gwangju High Court, and this judgment became final and conclusive on April 23, 2015.

On March 2013, the Defendant and B made a false statement to the victim D’s vinyl owned by the victim D, which was located in C at the time of leisure, that “The victim would receive 120 million won rental deposit from E, which was not paid to E, from the victim, KRW 20 million.”

However, in fact, the defendant and B did not have the intention or ability to receive the lease deposit from E.

Nevertheless, the Defendant and B conspired with the victim on March 29, 2013 to make a false statement as above, and the victim’s account under B on March 29, 2013 to KRW 10 million, and KRW 3 million with the Defendant’s account under the name of the Defendant on March 30, 201, and the same year.

4.5. The Defendant received 7 million won from each remittance to the Defendant’s name account, and acquired 20 million won in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Statement made by the police against D;

1. Investigation report (statement E), investigation report (statement attached to a process deed, etc.);

1. Copy of a process deed;

1. Previous convictions in the judgment: The application of the text of the judgment [Supreme Court Decision 2014No58, 347, 2014 No. 56, 2014, 86, 89, 90, 102, 105, and 105, Supreme Court Decision 2015Do1361 Decided August 21, 2014]

1. Article 347 of the Criminal Act applicable to the crime, Articles 347(1) and 30 of the Criminal Act, and the choice of fines for the crime;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The following circumstances in the sentencing of Article 334(1) of the Criminal Procedure Act and the crime of robbery for which a judgment of fraud has become final and conclusive in the judgment and the crime of concurrent crimes after Article 37 of the Criminal Act should be determined by taking account of equity in cases where two crimes are adjudicated at the same time, and other criminal records, age, family environment, and amount of damage of the defendant.