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A defendant shall be punished by imprisonment for five years.
The evidence seized by the defendant shall be confiscated as provided for in subparagraphs 1 through 6.
The defendant.
Reasons
Punishment of the crime
[criminal history] On October 15, 2014, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Incheon District Court, and completed the execution of the sentence at the Incheon Detention House on April 28, 2015.
[Criminal facts] "2017 Highest 1701"
1. On December 23, 2016, the Defendant, in the process of repairing a telephone carried phone on December 23, 2016, received money from the victim B (M, 44 years of age) who flicked with the victim B (M, 44 years of age) with money for business purposes, etc.
On January 23, 2017, the Defendant was aware that the Defendant invested money of KRW 30 million from the above injured party to the branch, and that the principal was not received at all, from the victim’s victim.
There is a well-known attorney-at-law, who is entitled to receive a fraudulent return of money through the attorney-at-law, the attorney-at-law's fee is changed in 10 million won."
However, the defendant did not have the intention or ability to introduce a lawyer, and was thought to use the defendant's living expenses, hospital expenses, and debt repayment with money from the injured party.
As above, the Defendant: (a) by deceiving the victim; (b) obtained a total of KRW 239,520,000 from the victim to the F account in the name of the Defendant’s name on January 23, 2017; (c) KRW 10 million on January 26, 2017; and (d) received a total of KRW 10,000 from the victim to the F account in the name of the Defendant; and (b) obtained a total of KRW 27 times from around that time to March 19, 2017, as indicated in the list of crimes in the attached Table.
2. Intimidation: (a) on March 31, 2017, the Defendant sent a file recording the situation at the time when the Defendant and his/her female were sexual intercourse to the victim upon request from the victim who became aware of the fact by using money received at the attorney’s expense, etc., such as using the money received at the attorney’s expense; and (b) delivering the file recording the situation at the time when the Defendant and his/her female were sexual intercourse to the victim via a telephone phone.