Defendant shall be punished by a fine of KRW 7,000,000.

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

Punishment of the crime

On July 10, 2019, the defendant was sentenced to three years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Seoul Western District Court on March 27, 2020.

Around September 6, 2019, the Defendant stated that “If he knows that he is able to appoint a lawyer in the same room, he/she will be acquitted by appointing a lawyer if he/she believed that he/she is able to appoint him/her only because he/she knows that he/she is able to appoint a lawyer in the same room.”

However, at the time of fact, the defendant plans to use the money received from the victim at his own attorney's expense, and even if he receives money from the victim, he did not have the intention or ability to appoint a lawyer.

Nevertheless, around November 16, 2019, the Defendant, by deceiving the victim as above, received 5 million won from the national bank account in the name of the Defendant from the victim C to the one bank account in the name of the Defendant (D) from the victim’s child around November 16, 2019.

Summary of Evidence

1. The police statement concerning B;

1. Investigation reports, investigation reports (to be filed in mail, which is filed by a complainant), and investigation reports (to-face communication with the suspect E and telephone conversations); and investigation reports (law firm, F attorney G and telephone communications with the accused);

1. Criminal records: The defendant asserts that he did not receive five million won as attorney's fees because he/she made a false statement that he/she will appoint an attorney to the victim, and that he/she did not know that the victim has paid five million won to the account in the name of the defendant for any reason.

However, the following circumstances acknowledged by the evidence duly adopted and examined by this court, i.e., the victim was confined to the defendant in the same room in Seoul Southern Detention House and became aware of the defendant, and the defendant was informed of the fact that the defendant would be able to appoint an able lawyer.