A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On December 6, 2017, the Defendant made a false statement to the victim C in Japan at a non-existent place (hereinafter referred to as "I will work as female employee from the main shop located in the Republic of Korea, if he/she is a 10 million won in advance) to the victim C.

However, in fact, the Defendant had a personal obligation at the time of the instant case, and there was no regular income, and there was no intention or ability to pay the said advance payment, even if he received the payment from the injured party under the pretext of the advance payment, by returning immediately to the Republic of Korea without doing any work at the main point in Japan, and was thought to repay the Defendant’s obligation to the creditors with the said advance payment, so even if he received the payment from the injured party under the pretext of the advance payment.

Around December 13, 2017, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 2.5 million to the National Bank Account (D) with the name of the Defendant’s name; and (c) obtained the delivery of KRW 700,000 from the F State Points in Japan around December 27, 2017 to the F State Point in Japan; and (d) obtained the delivery of approximately KRW 6.79 million from the F State Point in Japan.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to C;

1. The loan certificate, the certificate of transfer confirmation, and the Kakao Stockholm dialogue;

1. Individual immigration status (the defendant and his defense counsel stated that the defendant will work as female employee at the main point in Japan where the victim operated, but in fact, the above main point shows a bad working environment, and the body was inevitably returned to Korea, so that the defendant does not have a criminal intent to acquire it, it is argued that there is no criminal intent to obtain it.

However, the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, namely, ① the Defendant agreed to work for at least two months at the main office operated by the victimized person, and received 2.5 million won out of the advance payment from the victimized person. On December 26, 2017, the Defendant left the Republic of Korea to Japan and left the Republic of Korea on December 27, 2017, and the remainder of the advance payment is 70,000 UN.