A defendant shall be punished by imprisonment for four months.

The defendant shall pay 26,064,000 won to the applicant for compensation by deceit.

3.2

Punishment of the crime

[Criminal Justice] On June 10, 2016, the Defendant was sentenced to four years and six months of imprisonment for habitual larceny at the Seoul Southern District Court on June 14, 2016, and the judgment became final and conclusive on June 14, 2016. On June 21, 2018, the Seoul Southern District Court sentenced the Defendant to one year and eight months of imprisonment for a violation of the Act on the Regulation and Punishment of Criminal Proceeds Concealment at the Seoul Southern District Court, and the judgment became final and conclusive on September 13, 2018.

【Criminal Facts】

On November 30, 2011, the Defendant made a false statement that “The Defendant would purchase a device from the Dispute Resolution Company and bring it into the StateB” at the new store office in Gwanak-gu, Seoul Special Metropolitan City, that “The Defendant would transfer KRW 26,064,000 of the cost of the device to the E, and if so, the Defendant would purchase the device from the Dispute Resolution Company and enter into the StateB.”

However, the facts are as follows: (a) the defendant requested the F, who is the birth partner of the president of the EE, and issued only a false tax invoice in the name of the E without being supplied with the mobile phone from the above (E); and (b) the amount deposited by the victim to (E) the defendant was returned to the account in the name of G, a woman living together with the defendant, and the defendant thought to be arbitrarily used, so even if he received the purchase price of the mobile phone from the victim, he did not have any intention or ability to bring the normal mobile phone from the E to the victim (B)

The Defendant, as such, by deceiving D, who is an operator of the victim, received KRW 26,064,00 from the victim to the new bank account under the name of (E) on November 30, 201, and received KRW 26,064,00 from the victim. On December 1, 2011, the Defendant received the said amount from (ju) E to the company bank account under the name of G, the Defendant’s birth.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. The police statement concerning F;

1. A protocol of suspect examination of G police officers;

1. On October 31, 201, the tax invoice and the specifications of the shipment of H issued as of October 31, 201, the tax invoice and the specifications of the shipment of H issued as of November 30, 201, and whether the devices released as of October 10, 201 and November 1, 201 are opened.