Text
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On April 5, 2018, the Defendant was sentenced to four months of imprisonment for a crime of fraud in the Changwon District Court’s territorial branch on April 5, 2018, and the judgment became final and conclusive on September 20, 2018.
On October 5, 2016, at a place where it is difficult to know a place less than Jinhae on 5, 2016, the Defendant provided that “The Defendant would pay a large amount of money to the victim B in advance, but the Defendant would make an investment of KRW 10,000,000 and make an investment of the remaining funds, and then pay the profits earned from the operation of the Fund every month.”
However, the facts did not have the intention or ability to operate by opening a different channel.
Nevertheless, the Defendant, as above, received the total amount of KRW 8,062,180 on October 14, 2016 from the victim, to the bank account in the name of the Defendant, and acquired KRW 562,180 on October 14, 2016, KRW 4,000 on the 15th day of the same month, KRW 1,50,000 on the 21th day of the same month, KRW 22.1,00,000 on the 23th day of the same month, and KRW 8,062,180 on the 23th day of the same month.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Complaint;
1. Application of Acts and subordinate statutes to a written confirmation of details of transactions of deposit and withdrawal;
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;