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As to the crimes set forth in Article 1 of the judgment of the defendant, the imprisonment of four months and one year and six months, and one year and six months.
Reasons
Punishment of the crime
On April 29, 2011, the Defendant was sentenced to a two-year suspended sentence for a one-year imprisonment at the Seoul Central District Court for fraud, and the said judgment was finalized on May 7, 201, and on November 3, 2011, the Seoul High Court sentenced three years of suspended execution to one-year imprisonment with prison labor for a crime of intrusion upon residence at Seoul High Court on November 3, 2011. The said judgment became final and conclusive on February 23, 2012.
The defendant is the operator of "C", the Internet camera, without any intention or ability to return the money, and acquired the money from the victims, and did not obtain authorization, permission, registration, report, etc. under the statutes as follows.
1. Fraud and fund-raising without delay before May 2, 2011;
(a) Fraud: 1, 2, 3, 4, 6 of the table of sight in attached Form (1);
(b) Conducting fund-raising business without delay: 1, 2, 3, 5 in attached sight table (2).
2. Fraudulent or similar receipt from June 7, 201 to February 23, 2012;
(a) Fraud: 5, 7 through 15 in attached table (1) of sight;
(b) Conducting fund-raising business without delay: 4, 6 through 11 in attached sight table (2) of 4,6 through 11; and
3. Fraud and fund-raising without permission after April 21, 2012;
(a) Fraud: 16,17 out of the table of sight in attached Form (1);
(b) Conducting fund-raising business without delay: Summary of 12 evidence in attached sight table (2)
1. Partial statement of the defendant;
1. A protocol of examination of part of the defendant by prosecution;
1. Legal statement of witness D;
1. The statements of witnesses E and F in the third protocol of the trial;
1. Statements made by witnesses G and H in the fourth trial records;
1. Statement made by a witness I in the fifth protocol of the trial;
1. Each police statement made to J, K, and H;
1. Each statement of G, D, F, I, L, and M;
1. Each complaint filed by the J, K, E, H, G, N, andO;
1. Investment attraction advertisements, equity investment agreements, remittance details, copies of passbooks, loan certificates, details of transactions, e-mail, Internet car page pages, contracts for purchase at the same time, and letters and receipts on the car page;
1. Each report on investigation;
1. Application of statutes concerning criminal records;
1. Relevant Article 347(1) of the Criminal Act concerning criminal facts, Articles 6(1) and 3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission, and choice of imprisonment, respectively.