A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

On July 30, 2018, the Defendant made a false statement that “The seizure of the passbook deposited in the amount of KRW 80 million will be repaid if the head of the Tong, which was deposited, was returned to the victim C by communicating the victim C with a cell phone in the Defendant’s residence located in Yong-Namnam-gun, Yongnam-gun.”

However, at the time, the Defendant was in arrears with D’s debt worth KRW 2,838,00, financial institution’s debt worth KRW 875,000, and was in arrears with the National Tax Service KRW 857,000. In fact, there was no passbook deposited at KRW 857,00,00, and there was no special hospitalization, and there was no intention or ability to repay the amount to the victim by releasing the attachment of KRW 80,000 from the victim even if the Defendant borrowed money from the victim.

The Defendant received 118 million won in total from May 23, 2018 to October 30, 2019, including the Defendant’s receipt of 5.8 million won from the Defendant’s child E account (G) in the name of the same day from the victim, and acquired 199,9030 million won in total from May 23, 2018 to October 30, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Details of deposit transactions, borrowing certificates, investigation reports (verification of deposit transfer accounts), financial transaction reports (attached specifications of deposit transactions), financial transaction reports (H, I, E, A,J), investigation reports (additional statement of amount of damage), response to requests for cooperation in investigation, details of business registration, requests for cooperation in investigation (delivery, etc. of the vehicle register), each investigation report (as a result of execution of a warrant of seizure, search, and verification), investigation reports (additional confirmation of amount of damage and specific) (attached sheet of crime), investigation reports (attached sheet of certified copy of a register), investigation reports (attached sheet of register);

1. Application of the Acts and subordinate statutes concerning the provision of materials on arrears (each tax office, Naju tax office, and Maritime Affairs Office) with respect to the execution of a warrant of search, seizure, and verification, investigation report (the results of contact among suspects A and hearing statements by victims);

1. Criminal facts;