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1. Defendant shall be punished by a fine of KRW 3,000,000;
2. Where the defendant does not pay the above fine; 50.
Reasons
Punishment of the crime
On March 26, 2013, the Defendant was sentenced to two years of suspension of the execution of imprisonment for a crime of fraud in the Incheon District Court Branch Branch of the Incheon District Court on October, 2013. The judgment became final and conclusive on April 6, 2013.
On April 13, 2011, the defendant posted an advertisement stating that "the translation is recruited" on the Internet Albmon, although the defendant did not have the intent or ability to pay translation fees to the victim B.
On April 14, 2011, the Defendant reported the above writing to the victim, “B is the person who is the C representative. If you send the English translation or the English translation to e-mail, you would pay the translation fee.” On April 14, 2011, the Defendant sent the “Agreement” to the victim by e-mail.
As such, the Defendant, by deceiving the victim, requested the victim to translate 62 translations from April 14, 201 to June 3, 201, and received the translation of the document from the victim to the e-mail account (E) in which the Defendant uses the translation file.
Nevertheless, the Defendant did not pay KRW 2,567,048 for translation fees to the victim, thereby taking property benefits of the same amount.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of the police statement concerning B, B’s written statement;
1. Franchise, English translation and translation contract;
1. Previous convictions: Application of statutes to certified copies of written judgments and results of case search;
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 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).
1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.