A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On April 22, 2013, the Defendant stated that “A victim C, who was aware of it as Pyeongtaek-dong resident from Gangwon-do, shall have to visit and sell D Cosmetics, deposit the sales proceeds to the head office, and to lend money to the head office using part of the proceeds, so that there is no money to be deposited into the head office.”

However, the defendant did not have an intention or ability to pay money to the victim even if he/she borrowed money to the victim in many circumstances, such as personal debt and loan, because there is almost no income at the time.

As such, the Defendant, by deceiving the victim, received 4,750,000 won from the victim to his own agricultural bank account (E) on the same day, and acquired 42,60,000 won in total on seven occasions, such as the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and F;

1. Application of Acts and subordinate statutes to investigation reports (Submission and attachment of statements of transactions of victims), investigation reports (personal credit information inquiry of suspects, and attachment of credit information history);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Reduction elements of less than KRW 100,00 (Specially Convicted Persons) below 100,000 won for fraud according to the sentencing guidelines: Reduction range of recommendation types according to the sentencing guidelines (decision of type): Reduction range of punishment (where the degree of deception is weak: Reduction range of punishment and recommendation range) and imprisonment with labor for a considerable period of time;

3. Determination of sentence: Six months of imprisonment and one year of suspended sentence;