A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

On April 19, 2013, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Daejeon District Court, and completed the execution of the sentence at the Daejeon District Court on May 6, 2014. On May 29, 2014, the Daejeon District Court sentenced the imprisonment with prison labor for one month and three months for fraud, and completed the execution of the sentence at the Daejeon District Court on September 6, 2014.

[2018 Highest 2143]

1. On May 12, 2015, the Defendant made a false statement with K (the conviction of the Defendant on the charge of the instant crime, August 30, 2016), stating that “A M multilateral” in the operation of the Victim JJ, which was located in Macheon-si L, would be the victim’s “(b) KRW 7.5 million to B, and 5 million to K as the employee who would be the principal employee.”

However, at the time of fact, the defendant and K did not have any special property and income, and even if they receive the advance payment from the victims, such as receiving the advance payment from many other victims and using it as living expenses, etc., they did not have the intention or ability to pay the advance payment.

Nevertheless, the Defendant, in collusion with K, by deceiving the victim, and delivered 90,000 won in cash from the victim to the victim, and around that time, he received a total of KRW 12,410,00 from the N bank account (Account Number:O) under the name of the Defendant and acquired the victim by transfer.

2. On October 15, 2015, Defendant P Co., Ltd. stated that “If she pays 3.5 million won in advance to B, and 2.5 million won in advance to K, she would work as an employee of an entertainment shop from the present time, she would work as an employee of an entertainment shop from the present time.”

However, at the time of fact, the defendant and K did not have any special property and income, and even if they receive the advance payment from the victims, such as receiving the advance payment from many other victims and using it as living expenses, etc., they did not have the intention or ability to pay the advance payment.

Nevertheless, there is a need to do so.