A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

1. On August 17, 2017, the Defendant made a false statement to the victim B, who is in mental retardation disorder in the nearby apartment office located in the Busan Seosan-dong, Busan Metropolitan Government on August 17, 2017, stating that “If an investment is made in the apartment sale right, he/she may receive money twice a month, and make an investment in receiving a loan.”

However, even if the defendant received money from the victim, he did not have the intention or ability to invest in the apartment sale right.

On August 18, 2017, the Defendant received 50,000 won as investment money from the D Bank located in the Busan So-gu, Busan, from the victim. On August 21, 2017, the Defendant received 1,700,000 won as the same name in Busan, Busan, and received 2,200,000 won in total twice.

2. Around September 13, 2017, the Defendant, on September 13, 2017, told the victim of the crime that “as the Defendant had no money in apartment investment, I would like to re-contribute an investment to the housing, because I would like to know about the money in apartment investment.”

However, even if the defendant received money from the victim, he did not have the intention or ability to invest in the house.

The Defendant received 2.7 million won from the victim as the same day of investment.

Summary of Evidence

1. The police statement concerning B;

1. Class G and B of the protocol of interrogation of the police against the accused;

1. Application of statutes to a copy of the details of ordinary deposits transactions, and a copy of the details of free savings deposits;

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 347 (1) of the Criminal Act of the option of imprisonment for a crime;

1. Scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. The scope of recommendations according to the sentencing guidelines (decision of types) shall be the basic area of less than KRW 100 million [the scope of recommendations and recommendations], the basic area of imprisonment with labor for six months through one year and six months;

3. Determination of sentence: The defendant shall be punished by imprisonment with prison labor for six months, by deceiving the victim who is a disabled person, and shall also make a repayment of damage by deceiving the victim;