A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On October 16, 2013, the Defendant made a false statement to the victim C that “I would pay profits by investing in stocks.”

However, the defendant did not have any intent or ability to invest in stocks even if he received money from the victim because he thought that he will use the money as repayment of personal debt or living expenses.

On October 17, 2013, the Defendant received KRW 30,000,00 from the victim to the Agricultural Cooperative Account in the name of D on October 17, 2013.

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

Summary of Evidence

1. Defendant's legal statement;

1. Second prosecutor's protocol of examination of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on copies of bankbooks;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] General Fraud (less than KRW 100,000) and there is no basic area (6-100,000) (6-10,000) / (6-10,000 won) / 10 months of imprisonment with prison labor, and 2 years of suspended sentence, the Defendant acquired 30,000 won money from the victim using personal trust relationship by taking advantage of personal trust relationship; the Defendant was not injured at all; the Defendant is against the victim at all times of the crime; the fact that there is no change of damage; the fact that there is no other punishment power than the one-time fine prior to the crime of this case is favorable; the method and result of the crime of this case is considered as well; and all of the sentencing conditions such as the circumstances after the crime