A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 2, 2016, the Defendant called the victim C by phoneing it to the victim, and paid the victim again if it is short of the purchase cost of machinery, and the purchase cost of machinery is 20 million won.

The phrase “ makes a false statement.”

However, at the time, the Defendant had a financial right worth KRW 42 million and an individual debt worth KRW 14 million, while the Defendant had no other property to make any changes, and had already been placed in excess of his/her obligation. Even if the Defendant received money from the injured party, he/she did not have the intent and ability to repay the money to the victim because he/she either used it for “return” or used it for his/her sports entertainment.

Ultimately, on April 7, 2016, the Defendant, by deceiving the victim as above, received a remittance of KRW 20 million from the national bank account (Account Number: D) in the name of the Defendant from the victim and acquired it by defrauded.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a complaint, a loan certificate, and a statement of account transactions;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the defendant is unable to pay damage to the victim: Provided, That the punishment shall be determined as ordered in consideration of the defendant's age, sex, environment, health conditions, circumstances leading to the crime, means and result, and the circumstances after the crime, etc., as stipulated in Article 51 of the Criminal Act, shall be determined in the same manner as the sentencing is ordered