Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

[The records of the latter part of Article 37 of the Criminal Code] Defendant was sentenced to two years of imprisonment for fraud at the Gwangju District Court on January 16, 2018, and the above judgment became final and conclusive on April 12, 2018.

[Criminal facts] On November 20, 2017, the Defendant posted a notice to the effect that the victim C would purchase clothes in the Internet Internet server around November 20, 2017 and to the effect that the victim C would want to purchase clothes, and that the victim would contact the victim, and the Defendant called “to sell tickets in KRW 1.60,000.”

However, the defendant did not have the above crowdfunding, and even if he received the payment from the injured party, he did not have the intent or ability to sell the crowdfunding to the injured party.

As above, the Defendant, by deceiving the victim as above, received KRW 160,000 from one bank account (Account Number: D) in the name of the Defendant on the same day from the victim, and took over KRW 1,580,000 from October 24, 2017 to November 28, 2017, by receiving KRW 1,580,000 from the victims on a total of 11 occasions, as shown in the List of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition (Evidence List 1, 7, 10, 13, 16, 20, 23, 26, 29, and 35), each written statement (Evidence List 4, 8, 11, 15, 18, 21, 25, 27, 30, 33, and 36), and cybercrime declaration;

1. Details of each account, photographs, and conversationss on each account, a deposit certificate, and a certificate of confirmation of each transfer;

1. Previous conviction: Case search (the Gwangju District Court 2018No255), sentence (the Gwangju District Court 2018No255), sentence (the Gwangju District Court 2018No255), sentence (the Gwangju District Court 2017 High Court 1819), and application of statutes;

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

1. Selection of each alternative fine for punishment;

1. The latter part of Article 37 of the Criminal Act to deal with concurrent crimes: Provided, That Article 39 (1) (only between crimes of each judgment and the first head of each judgment on which judgment becomes final and conclusive);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act, the frequency, the amount of fraud, and the first head of the judgment (from March 2017).