Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

[criminal record] On April 5, 2019, the Defendant was sentenced to six months of imprisonment with prison labor for the offer of a bribe, offer of a bribe, and expression of intent to offer a bribe in the Gwangju District Court’s wooden branch, and the judgment was finalized on January 2, 2020. On February 19, 2020, the Defendant was sentenced to six months of imprisonment with prison labor at the Gwangju District Court for fraud, and the judgment was finalized on April 24, 2020.

【Criminal Facts】

On June 7, 2019, the Defendant made a false statement to the victim B, who carried on the aquaculture business that he/she became aware of through a 3-year leave, stating that “When he/she is unable to depart from the port due to lack of oil value, he/she is unable to use the oil value of KRW 3 million, he/she will supply the miscellaneous meat to seven months by operating it.”

However, even if the defendant received KRW 3 million from the victim, he did not think that it would be used as oil value, and there was no intention or ability to supply the operator with the equipment operated by the victim.

As such, the Defendant, by deceiving the victim, received KRW 3 million from the victim via the Agricultural Cooperative Account (Account Number D) in the name of the Defendant C, and acquired it by fraud.

Summary of Evidence

1. The police investigation report (written statement by the complainant) on the defendant's legal statement B, and the transfer certificate;

1. Criminal Power in the holding: Application of Acts and subordinate statutes to an investigation report (a final judgment confirmation), summary agreement assistant branch court of Gwangju District Court 2019Kadan534, Gwangju District Court 2018 Madan1198, Gwangju District Court 2018 Madan1198, each of the judgment (Seoul District Court 2019 Goju District Court 2019Ma534, Gwangju District Court 2019No2951, Supreme Court 2020Do375, Supreme Court Decision 2020Do375, Gwangju District Court 2018 Godan1198, Gwangju District Court 2019No838, Supreme Court 2019Do15824).

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the victim’s damage has not been recovered.