A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On July 17, 2017, the Defendant concluded that “When paying KRW 30 million to the victim D, the Defendant imported the machinery in China, and then up to August 10, 2017, he/she would install VR machinery in the store.”

However, even if the defendant is paid the machinery price from the injured party, he thought that it will be used as a separate agreement of the fraudulent case in trial, and he did not have the intention or ability to install the victim by importing the VR machinery in China.

Around July 18, 2017, the Defendant had been paid KRW 30 million to a new bank account in the name of E, another company operated by the Defendant, from the victim by deceiving the victim as above and deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A contract for trading goods;

1. Application of Acts and subordinate statutes to inquire about transfer details;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Standard for sentencing for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] general fraud (within KRW 100 million) / [one month to one year] in the mitigated area (a special mitigated person] / In the event a person is not subject to punishment or has been recovered from considerable damage, the sentence as ordered shall be determined by comprehensively taking into account the following conditions of sentencing, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

- the recognition and reflect of the commission of a crime, and the initial agreement with the victim, that the amount of damage is KRW 30 million, and that there has been the history of punishment for the same kind of crime;