A defendant shall be punished by imprisonment with prison labor for four months.

An application for compensation by an applicant for compensation shall be dismissed.

Punishment of the crime

[Criminal Power] On January 22, 2019, the Defendant was sentenced to two years of imprisonment with prison labor for fraud, etc. at the Jung-gu District Court, which became final and conclusive on January 23, 2019.

【Criminal Facts】

At the end of June 19, 2016, the Defendant: “A victim B, who had a relationship with the victim at the time, did not have cash in the house of the wall. There is no money on the card held by the Defendant; thus, the Defendant loaned KRW 100,000 to one hundred won. The Defendant began to borrow money from the second financial right to gambling in the Internet so that he/she would be able to repay if he/she entered the card; however, the Defendant began to borrow money from the second financial right to gambling in the Internet; the Defendant was thought to use money borrowed from the victim for gambling; and there was no particular revenue source; thus, even if he/she borrowed money from the victim, the Defendant did not have any intent or ability to repay the money to the victim.

Nevertheless, as above, the Defendant, by deceiving the victim, received KRW 100,000 from the victim to the C bank account (D) in the name of the Defendant on the same day, and acquired the total sum of KRW 21,652,136 from the date and time to March 25, 2018, as shown in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Details of transactions in each account, family register, multilateral accounting register, response to each request for financial transaction information, credit information history, and credit information history;

1. Previous records of judgment: Criminal history records, reply reports, each judgment bound in the records of public trial, and the application of statutes by the results of the search of the relevant case;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Whether Article 32(1)3 and Article 25(3)3 of the Act on Special Cases Concerning the Dismissal, etc. of Application for Compensation Order [the amount of KRW 8.38 million and KRW 7 million paid in cash by the defendant to the applicant for Compensation shall be appropriated for the repayment of the amount of damage of this case, which is 200,000,000 won or less, or