A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

[Criminal Power] On September 25, 2014, the Defendant was sentenced to two years of imprisonment for fraud at the Suwon District Court, and was released on May 22, 2015 in Seoul Southern Prison on parole on the execution of the sentence and the parole period passed on July 19, 2015.

【Criminal Facts】

On March 2017, the Defendant made a false statement to the effect that, at the office of the Defendant located in Yeonsu-gu Incheon J, the Defendant: “In the U.S. military for a long time, 36 million U.S. Veterans Association’ money was brought into the Republic of Korea in a foreign country; at the present rate of 80%, 36 million U.S. dollars has been deposited in the accounts located in Singapore; to bring this into the Republic of Korea, the Defendant shall obtain legal advice to employ an attorney by requiring a stamp from each government to obtain legal advice; and if the Defendant borrowed the fee, 10 times the investment amount is to be paid.”

However, the defendant did not have any intention or ability to return the investment money to the victim because he did not have any fact that US$ 36 million was deposited in the defendant's account in Singapore even though he did not perform the financial management business in the US military.

As such, the Defendant, by deceiving the victim, received 35,00,000 won from the victim with a new bank account (M) in the name of L on March 30, 2017, as well as obtained money from the victim. From February 22, 2017 to May 29, 2017, the Defendant acquired 258,70,000 US dollars in total and 13,500 US dollars from February 22, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. The part concerning K and L statements in the third prosecutor's interrogation protocol against the defendant

1. Examination protocol of police suspect regarding L;

1. The police statement of K;

1. Documents and text messages;

1. Answers to request cooperation in investigation and submission of each data (Evidence No. 16, 17 No. 17);

1. Investigation report (No. 2, 5, and 19 No. 19 of the evidence list);

1. Previous convictions in judgment: The application of the Acts and subordinate statutes governing inquiry and certification of confinement;

1. Relevant Articles of the Act concerning the facts constituting the crime;