1. The defendant shall be punished by a fine of one million won;

2. If the defendant does not pay the above fine, 10,000 won.

Punishment of the crime

On July 16, 2019, the Defendant was sentenced to imprisonment with prison labor for a special injury, etc. at the Daegu District Court, and its judgment became final and conclusive on September 6, 2019, and on December 11, 2019, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud on December 2, 2020.

At around 17:04 on May 23, 2018, the Defendant made a false statement to the effect that “If the Defendant was urged to return to the Republic of Korea due to a loan obligor’s name, the Defendant shall return to the Republic of Korea immediately and return to the Republic of Korea the name of the Defendant if the Defendant sent KRW 1,300,000 of the flight aircraft value to the original state.”

However, at the time of fact, the defendant did not have the intention or ability to return to Korea immediately even if he received money from the victim.

The Defendant, by deceiving the victim as above, received 1.3 million won from the victim to a corporate bank account in the name of C used by the Defendant under the pretext of the value of the flight slip.

Summary of Evidence

1. Partial statement of the defendant;

2. Legal statement of the witness B;

3. Second prosecutor's protocol of examination of the accused;

4. The prosecutor's statement concerning B;

5. Previous convictions in the judgment: Criminal history records, investigation report (A's previous records and attachment of judgment), case search results attached to the trial records, and two copies of the judgment [the defendant only received 1.3 million won as debt repayment to the victim, and there was no intention to commit deception or fraud. However, the victim consistently stated that he remitted 1.3 million won as stated in the judgment; ② The defendant also stated in the prosecutor's office that he used 1.3 million won as living expenses by deceiving the victim (318 pages); ③ The defendant stated that he used 1.3 million won as living expenses by taking full account of the fact that there is no obvious evidence to see that the defendant has a claim against the victim; the defendant's deception and fraud can be recognized as a crime of deception].

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act;