Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On November 2016, 2016, the Defendant: (a) the Victim B, a police officer, was delegated to collect the claim for KRW 26 million, which was not received from C; and (b) the Defendant transferred KRW 12 million from C on June 5, 2017 to the victim.

After that, on June 6, 2017, the Defendant made a false call to the victim at a place where the location is unknown, stating that “I would return 12 million won to C Co., Ltd. and receive 26 million won of the total unpaid amount by again filing a complaint with the victim.”

However, in fact, even if the Defendant received KRW 12 million from the victim, he thought to use it without returning it to C, and at the time, the Defendant did not have any particular property or income, while he paid KRW 3 million as a result of the crime of violating the Electronic Financial Transactions Act, he was issued a summary order of KRW 3 million due to the crime of violating the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., and was sentenced to a fine of KRW 5 million due to the crime of violating the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., and there was no intention or ability to return the said money to the victim due to excessive debt such as

Nevertheless, on June 6, 2017, the Defendant, by deceiving the victim as above, received KRW 12 million from the victim to the account of community credit cooperatives under the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning B;

1. Details of complaint forms and passbooks;

1. Previous convictions in judgment: References to criminal records, investigation reports (reports and accompanying materials related to criminal records), and application of Acts and subordinate statutes concerning personal confinement;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 32(1)3 and Article 25(3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit by which an application for compensation is dismissed;