The Defendant was a member of the “B” company from around March 2005 to the end of March 2019, and the Defendant became aware of the fact that there was no certain occupation, and that there was a difference with the victim D who operates the “C” of the transaction company while in office.

On August 14, 2018, the Defendant made a false statement to the effect that “The customs clearance procedure was suspended due to a failure to pay the tax imposed on the goods imported to be supplied to a customer from B to the customer, and the amount of KRW 20 million is required to pay the tax. If the Defendant borrowed KRW 20 million, the Defendant would pay the tax, and would pay the goods in advance after 15 days from the receipt of the goods.”

However, at the time of fact, the defendant had no intention or ability to deliver the goods to the victim even if he received the price for the goods from the victim in advance, and was used for living expenses, such as the value of the card sealed by the defendant without the intention to use the price for the delivery.

Nevertheless, the Defendant received 20 million won in cash from the victim on the pretext of a loan from the victim, i.e., the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (F telephone conversations for reference);

1. Grounds for sentencing choice of imprisonment with prison labor, Article 347(1) of the Criminal Act applicable to the relevant criminal facts;

1. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months; and

2. Determination of sentence: It is not so significant that the amount of damage is not severe, and there are situations where the defendant has a sentence of fine only one time.

However, most damages are not recovered, and considering the circumstances leading to the crime of this case and the circumstances after the crime, the defendant is also the defendant.