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A defendant shall be punished by imprisonment for two years.
The defendant pays 370 million won to the applicant for compensation by fraud.
3.2
Reasons
Punishment of the crime
[criminal power] On July 23, 2010, the Defendant was sentenced to a suspended sentence of two years and six months for fraud at the Incheon District Court on July 31, 2010, and the judgment became final and conclusive on July 31, 2010.
【Criminal Facts】
Around February 2007, the Defendant and E hear from F to F, that “the funds of the victims of each country, such as the Philippines, are kept in custody in another country according to an agreement between the states. Non-funds are kept in custody as specified objects, such as old currency bonds transfer certificate money. When the funds are legalized, the profits of KRW 60 billion may accrue if the funds are legalized. If the passbook deposited in the amount of KRW 60 billion to G working at the Ministry of National Defense is deposited in the country, the currency of industrial finance bonds and old currency may be deposited in the amount of KRW 18 billion within a week, and whether the passbook may be created.” On March 2007, 2007, the Defendant and E suggested that “the funds to make the head of a Tong necessary to legalize specific goods shall be divided into profits if the funds are provided to the victims, but even if the funds were received from the victims under the above title, there was no intention or ability to use them as profits of H, etc.
Afterward, the Defendant and E, at the H office located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, if the Defendant and E, at around March 9, 2007, remitted the amount of KRW 40 million to the commission necessary to create a “20 billion fake passbook” to the victim, will be divided into the following profits.
“Falsely speaking, the victim received KRW 40 million from the victim to the new bank account in the name of E on the same day, including the transfer of KRW 40 million from the victim to the new bank account in the name of E, and received KRW 372 million in total from the victim six times from that time to May 3, 2007, as shown in the list of crimes in the attached Table.
Accordingly, the defendant acquired the property from the victim in collusion with E.
Summary of Evidence
1. Trial records of the first time;