A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of a sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Records] On November 8, 2019, the Defendant was sentenced to two years and six months of imprisonment and four years of suspended execution for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, Distribution, etc. of obscenity), etc. at the Incheon District Court, and the judgment became final and conclusive on the 16th of the same month.

[Criminal facts] The Defendant requested the victim B, who was enrolled in a park in the middle of June 2019 at the time, to seek investors from the employees of the company in charge of internal affairs.

If an investor fails to make a request, he/she shall be disadvantaged.

If an investment is made, it shall be returned by adding the amount equivalent to the total amount of the investment to the principal after four months, and the interest equivalent to the 10% per month shall also be paid separately.

“A false representation was made.”

However, the defendant was unemployed at the time, and was thought to use the defendant's personal debt repayment and living expenses by receiving money from the victim as investment money, and there was no intention or ability to return the principal of the investment to the victim due to the lack of property or income.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) received the total of KRW 20 million in cash from the injured party, including KRW 7 million on June 18, 2019; (c) KRW 19.7 million on June 19, 2019; and (d) KRW 6 million on June 20, 2019.

Summary of Evidence

1. Inquiries into the details of deposit transactions in the police statement No. 2 of the Defendant’s legal statement

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (report attached to a judgment) statute;

1. Relevant Article 347(1) of the Criminal Act and Article 347 of the Criminal Act concerning the crime, and the choice of imprisonment (the crime of defraudation and defraudation committed by the criminal defendant around July 2018, taking into account the circumstances, etc. of repeating the same kind of crime within a short period, even though the criminal record of the summary order of fraud was one time on June 2019);

1. Subsequent to Article 37 of the Criminal Act concerning the treatment of concurrent crimes: Provided, That Article 39 (1) (the principle of equity in cases where judgment is to be rendered concurrently with the crime for which judgment has become final and conclusive);

1. Article 62(1) of the Criminal Act on the suspension of execution (the defendant shall pay 190,000 won to the victim at the stage of investigation).