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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On April 11, 2008, the defendant was sentenced to five years of imprisonment for fraud at the Daegu District Court, and the above judgment became final and conclusive around that time.
The defendant, who is engaged in the fishery products sales business from around 1995 and operated several successful bidders with the invitation of residents from around 1995, was unable to receive the deposit money on the wind that the members died after the receipt of the deposit money or take flight without paying the deposit money. On September 2004, the defendant was in a situation where the sum of the deposit money paid on behalf of the fraternity members reaches about 600 million won as the principal debtor and the income of the defendant is in a situation where it is impossible for the defendant to properly pay the deposit money, so even if the defendant is organized a separate successful bidder and received the deposit money from the fraternity members, he did not have the intent or ability to pay the deposit money properly to the fraternity members.
Nevertheless, the defendant had organized the successful bidder again, recruited the fraternity, and used the payment of the fraternity to pay the above fraternity debts amounting to 600 million won.
On April 12, 2006, the Defendant received KRW 1,00,000 from the victim D (the 72-year old age), who is located in the old market located in Ansan-si, the first time of April 2006, by phone and received KRW 15,000,000 from the victim to June 18, 2007, for a total amount of KRW 15,000,000 from the victim's post office passbook (the E-Account number).
Summary of Evidence
1. Defendant's legal statement;
1. Statement made by the police with regard to D (Supplementary to Complaints);
1. A complaint filed for DNA preparation;
1. Previous records of judgment: Criminal records and other inquiries, investigation reports (referring to submission of the original copy of a victim's judgment), and application of Acts and subordinate statutes;
1. Relevant Articles of the Act concerning the facts constituting the crime;