A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On December 12, 2018, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for the crime of forging private documents at the Incheon District Court on December 20, 2018, and the said judgment was finalized on December 20, 2018. On October 18, 2019, the Defendant was sentenced to eight months of imprisonment with prison labor at the Incheon District Court for fraud, and the said judgment became final and conclusive on October 26, 2019.

【Criminal Facts】

1. Crimes against the victim B;

A. On July 25, 2017, around 01:00 on July 25, 2017, the Defendant said that “10,000,000 won is to be invested if the Defendant invested KRW 10,00,00,00” by phone to the victim B, who had a relationship with the building of Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and No. D. The Defendant said that it is legally and actually possible.”

However, in fact, the defendant only thought that he would use the money received from the victim for living expenses, personal debt repayment, etc., and make an investment in such legitimate days as above.

or the victim did not have the intent or ability to return the investment money later.

Nevertheless, the Defendant, by deceiving the victim as above, received 10,000,000 won from the victim to the account in the name of E (F G) on the same day (the name prior to the name of the Defendant’s opening) from the victim. From that point to October 23, 2017, the Defendant acquired 35,740,000 won in total on 19 occasions as shown in the attached crime list (1) from that point.

B. Around August 24, 2017, the Defendant related to small-sum settlement that: (a) around August 24, 2017, the Defendant would purchase the right to exchange with the victim B by means of the mobile phone small-value settlement system ofponers; (b) once purchased the right to exchange, the Defendant would enmine and use the right to exchange and pay the small-value settlement fee toponers at the end of the month.

However, the defendant did not have the intention or ability to pay small-sum payment charges to the victim at the end of the month.

Nevertheless, the defendant deceivings the victim as above and is equivalent to KRW 200,000 using the small-sum settlement system on the same day from the victim's cell phone.