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Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant was sentenced to ten months of imprisonment for fraud at the Jung-gu District Court on May 12, 2015, and the judgment became final and conclusive on July 3, 2015.
【Criminal Facts】 On November 9, 2012, the Defendant made a false statement to the effect that “The Defendant will work at an entertainment facility operated by the victim Do” in the E entertainment tavern operated by the victim Do in the Chungcheongnam-si, Chungcheongnam-si, and that “The victim will work at the entertainment facility operated by the victim Myeonk-won.”
However, even if the defendant received money as a prepaid payment from the victim, he did not have the intent or ability to work at the amusement center operated by the victim.
Nevertheless, the Defendant, by deceiving the victim as above, received 6.5 million won from the victim to the Gyeongnam bank account under the name of the Defendant for the same day.
Around September 5, 2012, the Defendant acquired KRW 80,000 from the victim F to the effect that “I will work as an employee from September 8, 2012, and I want to stop the telephone, so I want to request KRW 2,00,00,000 for the pre-paid payment,” and acquired it by the defrauded.
Summary of Evidence
"2015 Highest 1115"
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A copy of a cash storage certificate and a statement of transactions;
1. A complaint;
1. For previous convictions as indicated in judgment: Criminal records and investigation reports (report on the results of confirmation before and after disposition, and personal identification records);
1. Defendant's legal statement;
1. The police statement concerning F;
1. A certificate of borrowing;
1. A complaint;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records and results of confirmation of dispositions, and current status of personal identification);
1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. The latter part of Article 37 of the Criminal Act and Article 39(1) of the same Act concerning concurrent crimes;