A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal Power] On February 19, 2016, the Defendant was sentenced to four years of imprisonment for a violation of the Punishment of Violences, etc. Act (joint confinement) at the Incheon District Court on September 23, 2016, and the said judgment became final and conclusive on September 23, 2016.

【Criminal Facts】

The Defendant committed the following crimes by taking advantage of the fact that the victim C, who was aware of his identity as a customer, was a singing-to-sing of the Defendant.

Around May 15, 2011, the Defendant was provided with KRW 1.5 million in the account in the name of the Defendant on the same day from the victim who believed that he/she provided money to the said victim, stating that he/she shall repay the money to the Defendant.”

However, the fact that the defendant had a debt equivalent to KRW 50 million at the time, and that the defendant was not able to meet the living cost with money once while working in the Dominia, there was no intention or ability to repay the money even if he borrowed money from the defendant.

Nevertheless, the Defendant, as seen above, received 1,50,000 won from September 24, 2012, including the victim’s false statement and received KRW 144,851,50 from that time to September 24, 2012. The Defendant obtained a total of KRW 144,851,500 from the victim and acquired it by deception.

Summary of Evidence

【Criminal Facts】

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. The first, second, and third police statement about C;

1. Written complaint filed by C;

1. Details of the details of transactions of deposit and withdrawal [criminal records];

1. Before judgment: Application of Acts and subordinate statutes to the defendant's legal statement, written judgment (the Incheon District Court 2016Gohap16), current status of confinement of each individual;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (In general, fraud and choice of imprisonment);

1. Grounds for sentencing under the latter part of Article 37 and Article 39 (1) of the Criminal Act handling concurrent crimes;

1. The instant crime, whether to apply the sentencing criteria, is the crime of violation of the Punishment of Violences, etc. Act (joint confinement) in the judgment rendered on September 23, 2016.