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 of the final judgment.

Punishment of the crime

On July 2, 2011, the Defendant called, “Around July 2, 2011, the victim C by telephone calls to the victim C, and “I would pay money by purchasing and selling an apartment house located at the inner seat of the owner, or by trading the apartment house with the inner seat of the owner, or by trading the investment interest to Australia, and if there is a large amount of money owned in the account of Australia, but if you transfer the money in Australia to Korea, it would be in violation of the Foreign Exchange Transaction Act, so this problem would be resolved immediately.”

However, in fact, the Defendant did not own apartment houses in the first place owned by the Defendant, and did not have a deposit in the financial institution located in Australia, and was liable for a large amount of debts from the financial institution without any particular property or profit at the time, such as KRW 60 million from the financial institution, KRW 20 million from the bond company, and even if the money was received from the victim, there was no intention or ability to pay the money to the victim.

Around September 3, 2011, the Defendant received KRW 300,000 from the victim a total sum of 26,000,000 won from around that time to January 15, 2012, in the same manner as indicated in the list of crimes, as shown in the attached list of crimes, the Defendant received from the victim a transfer of KRW 30,000 to the new bank account (number D) with the Defendant’s name.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Details of transactions in each passbook and application of the statutes governing the balance of banks;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] General Fraud (the amount less than KRW 100 million) and the basic area (one to one year and six months of imprisonment) [the person who has been specially punished] [the decision of sentence] imprisonment with prison labor for six months, the suspension of execution two years, and the community service work.