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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. On April 2010, the criminal defendant against the victim B stated that "the victim B shall enter the Republic of Korea with the children in China" from D S Sarina located in C during the Gyeonggi-Pari-si, around April 2010.
However, the defendant did not have the intention or ability to allow the victims to enter the Republic of Korea.
As such, the Defendant was granted KRW 50,000,000 on October 16, 201, KRW 200,000 on January 2, 2011, KRW 1 million on January 6, 201, and KRW 1,550,000 on June 10, 201, under the pretext of inducing the victims to enter the victims into the Republic of Korea from the victims of such deception, and received KRW 1,850,00 on four occasions, from the victims to the delivery of KRW 1,50,00 on June 10, 201.
2. Fraud to victims E;
A. On March 28, 2011, the Defendant told the Victim E to the victim “a director to live in the house, and the money is necessary, to lend money to the victim, and to pay money to him/her at a place where he/she performed his/her work.”
However, the defendant did not have any intention or ability to repay money even if he borrowed money from the injured party due to absence of a certain occupation.
As such, the Defendant, by deceiving the victim, was given KRW 2 million from the injured party.
B. On April 28, 2011, the Defendant stated that “If the value of the article is sent to China, the value of the article may be paid to the victim in the H restaurant located in Gangnam-gu Seoul Metropolitan Government G, the Defendant may find employment with this fact that the article was in China, and he/she shall be paid money in monthly pay by lending money.”
However, the defendant did not have any intention or ability to repay money even if he borrowed money from the injured party due to absence of a certain occupation.
As such, the Defendant, by deceiving the victim, was given KRW 2 million from the injured party.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police for B and E;
1. A copy of bankbook;
1. Application of each relevant statute;
1. Article 347 of the Criminal Act concerning criminal facts and Article 347 (1) of the same Act concerning the selection of punishment;