A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who has operated the "D" restaurant in Jinju City, and the victim E is a person who has worked as an employee of the above restaurant in the People's Republic of China.

On December 14, 2011, the Defendant heard from the victim the phrase “to acquire permanent residence in the Republic of Korea, the Defendant must enter the head of the Tong with KRW 30 million, and there shall be no amount of KRW 18 million in the head of the Tong.” The Defendant made a false statement to the victim that “I would assist the victim to comply with his/her permanent residence. (b) I would like to create a head of the Tong with KRW 18 million,000,000,000,000,000 won in the face of the week, and I would like to give 30,000 won in the face of the week.”

However, in fact, the Defendant did not have the intent or ability to open an account in the name of the victim, even if he received KRW 18 million from the victim because he did not have any special property or income, even though he did not receive KRW 12 million from the victim.

The Defendant received two bankbooks in the name of the victim, which was 18.67 million won in total from the victim, and wired the above KRW 18.67 million to a new account (post office) in the name of the victim opened by the Defendant on the same day. On the other hand, the Defendant continuously wired the above new account to F with KRW 18.6 million, and again, deposited from F to the Defendant’s name, and withdrawn KRW 650,000 from the said new account.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E and F;

1. Application of the details of transactions in each account, certificates of deposits without passbook, and the Acts and subordinate statutes on borrowings;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration of the fact that partial payments have been made);

1. Social service order under Article 62-2 of the Criminal Act;