A defendant shall be punished by imprisonment for one month.

Punishment of the crime

[Criminal Power] On September 14, 2018, the Defendant was sentenced to two years of imprisonment for fraud at the Busan District Court, and the judgment became final and conclusive on November 22, 2018.

【Criminal Facts】

1. On May 3, 2018, at a place where a place is unknown, the Defendant made a false statement to the victim T through S, a Defendant’s branch, stating, “A daily operating expenses are working at the headquarters of the corporate revitalization policy fund, and a daily operating expenses are to be paid back to the victim, as he/she is expected to receive KRW 10 billion of the corporate revitalization policy fund after the fourth day.”

However, the Defendant did not work at the place as the headquarters of the Enterprise Revitalization Policy Headquarters. Since the headquarters of the Business Promotion Policy Headquarters did not have any substance, the Defendant did not have any intent or ability to repay the said amount as agreed even if he received money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 1 million from the victim to the FF Bank account in the name of the Defendant E (U).

2. On May 28, 2018, the Defendant made a false statement to the victim that “Around May 28, 2018, the Defendant would receive the funds for the promotion of domestic businesses, one-day operating expenses, one-day operating expenses, one million won which was borrowed prior to the lending of money, and one million won which was repaid on May 30, 2018.”

However, the defendant did not have any intention or ability to pay the money even if he received the money from the victim for the same reason as the "1."

Nevertheless, the Defendant, by deceiving the victim as above, received 4 million won from the post office account under the name of the Defendant (V) designated by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding T;

1. Copy of the business plan and details of the transactions of admission and withdrawal;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, application of statutes and a copy of judgment;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;