The punishment of the accused shall be eight months by imprisonment.

Punishment of the crime

[criminal record] On March 24, 2017, the Defendant was sentenced to four months of imprisonment for fraud at the Seoul Eastern District Court, and completed the execution of the sentence in the Seoul East Eastern District Court on April 23, 2017.

[Criminal Facts] Around March 6, 2018, the Defendant, at a coffee shop located in Gangnam-gu Seoul Metropolitan Government, stated that “If only the head of the Tong deposited in the amount of ten billion won, he/she may receive KRW 10 billion out of the money deposited in the said account with the approval of the relevant ministries and agencies. The Defendant would lend the amount of KRW 80 billion to Na, which is to be used as the cost for creating the passbook deposited in the amount of ten billion won, within the amount of KRW 80 billion to be paid to Na, and then after completing these work, he/she would provide the principal amount of KRW 80 million and KRW 50 billion to Ba. In addition, he/she would lend the amount of KRW 10 billion thereafter.”

However, the defendant did not have any way to receive an additional deposit of KRW 10 billion in the account deposited in the amount of KRW 10 billion, and he did not have any intention or ability to pay the principal and KRW 500 billion to the victim and to lend KRW 10 billion to the victim with money in the name of making the passbook deposited in the amount of KRW 10 billion from the victim.

Around March 7, 2018, the defendant acquired a cashier's check from the victim with a face value of KRW 80 million in terms of working expenses.

Summary of Evidence

1. Part of the defendant's statement in the first trial record (the fact that a check is received from a victim);

1. Statement of C by a witness in the third protocol of trial;

1. Entry of the suspect interrogation protocol of D by the prosecution;

1. Detailed statements of performance, copies of bankbooks, cashier's checks, and data on bank replies;

1. The video of each text message (E dialogue);

1. Investigation report (F submitted documents);

1. Application of Acts and subordinate statutes on criminal records, etc. inquiry reports, each written judgment on the accused, and the acceptance status of each individual;

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

1. Determination of the Defendant and defense counsel’s assertion under Article 35 of the Criminal Act among repeated crimes.