Around 09:00 on May 20, 201, the Defendant made a false statement to the effect that “The Defendant sent money to be used as the price for the Gu interest, if it would purchase the Gu interest and deliver it directly to the 2 p.m. 2 p.m. no later than the 00 p.m. 3 p.m.” by phone to the victim B, who carried on the scrap metal wholesale and retail business, and “The Gu interest rate is less than 400 won per annum.”

However, the Defendant was not on the spot at that time, and it was not confirmed that there was any 400 won or less at that time, and even if the Defendant received money from the victim, it was thought that it was used as the Defendant’s living expenses, etc., and there was no intention or ability to purchase and deliver the Gu interest under the above conditions.

On May 20, 201, the Defendant, by deceiving the victim as above, received KRW 21 million from the victim through the account in the name of the Defendant’s name of C Bank on or around May 20, 201.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on deposit slips and details of financial transactions;

1. Taking into account the following factors: Article 347(1) of the Criminal Act; Article 347(1) of the Criminal Act regarding criminal facts; Article 347(1) of the Criminal Act regarding the punishment of imprisonment selective sentencing; Article 347(1) of the Criminal Act; Article 347 of the Criminal Act provides that the nature of the crime is not good in light of the form of crime and the method of punishment; any damage has not been recovered