Defendants shall be punished by imprisonment for ten months.

However, from the date of the conclusion of the judgment, each of the above defendants is against the defendants for one year.

Punishment of the crime

Defendant

A On February 14, 2020, at the Daegu District Court, was prosecuted as a crime of fraud and was sentenced to two years of suspended sentence for one year of imprisonment and became final and conclusive on February 22, 2020.

After introducing the victim E from D, the Defendants knew that they will work as an employee for the victim, and attempted to acquire the prepaid money by fraud.

around October 26, 2018, the Defendants stated that “The Defendant would work as an employee from H if he would pay the advance payment,” to the victim operating H from “G” located in “G” in Tong Young-si F.

However, even if the Defendants received the advance payment, they did not have the intent or ability to work as an employee in the above H.

Nevertheless, the Defendants: (a) deceiving the victim as above; (b) were transferred from the victim; (c) Defendant A was transferred KRW 10 million under the name of the Nonghyup Bank (J); (d) Defendant B was transferred KRW 13 million under the name of the advance payment; and (e) Defendant C was transferred to the account under the name of the Saemaul Bank (K); and (c) Defendant C was transferred KRW 10 million under the name of the advance payment to Defendant C’s name.

As a result, the defendants conspired to acquire the property of the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Investigation report (the result of execution of a warrant of search, seizure and verification applying a financial account trend);

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles of the Criminal Act and Articles 347 of the Criminal Act and Article 30 of the Criminal Act concerning the Defendants who choose to commit the crime;

1. Defendant A who handles concurrent crimes: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendant A of a community service order: The reason for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Defendant A: Since he/she concurrently commits offenses under the latter part of Article 37 of the Criminal Act, not applying the sentencing criteria;

B. Defendant B and C [Determination of Punishment] The General Fraud [Type 1] below KRW 100 million [the scope of recommending area and recommending range].