Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

[Criminal record] On January 17, 2018, the Defendant was sentenced to six months of imprisonment for fraud in the Daegu District Court’s Port Branch Branch, and the judgment became final and conclusive on May 25, 2018.

[2] On July 2017, the Defendant: (a) received a request from the victim D to collect a claim amounting to KRW 30 million at the C coffee shop near south-gu B at the early port of early July 2017; and (b) made a false statement on July 28, 2017 to the Defendant that “it is necessary for the Defendant to take money, such as vehicle transfer expenses, sea-durging expenses, and taxes, to dispose of the vehicles received from the obligor and recover KRW 30 million from the obligor.”

However, at the time of fact, the Defendant did not have received the money from the victim who was requested to collect the claim from the victim as personal living expenses, and the Defendant thought to use the money from the victim as personal living expenses, so even if the victim received the vehicle transfer expenses, there was no intention or ability to recover 30 million won as agreed.

Nevertheless, the Defendant, as seen above, by deceiving the victim, received 30,000 won from the victim on July 28, 2017, under the name of the vehicle transfer cost, sea-during cost, tax payment expense, etc. on August 5, 2017, KRW 100,000,000 on August 30, 2017, KRW 40,000,000 on September 40, 2017, KRW 1020,000 on September 1, 2017, KRW 350,000 on September 7, 2017, KRW 350,000 on the same day, and acquired 3577,00 won from the post office account in the name of the Defendant and the E-K account designated by the Defendant on September 3, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of transactions with the criminal complaint and victim's account;

1. A criminal investigation report (related to attaching details of account transactions);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation report (a separate final and conclusive judgment);

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;