A defendant shall be punished by imprisonment with prison labor for up to 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 October 5, 2017, the Defendant sent a telephone to the victim C located in the Busan Seo-gu, Busan, to pay the cost of “on the face of supplying the e-mail, the price will be paid by the following day of delivery.”

However, as the Defendant had a debt worth approximately KRW 426 million, the Defendant had no intention or ability to pay the amount by the day following the delivery day as agreed to by the victim, on the ground that he did not have any intention or ability to pay it by the day following the delivery day because he had received and sold the money by delivery from the victim and paid the above amount.

Nevertheless, as above, the Defendant, by deceiving the victim as above, obtained 16.8 million won from the victim, from the victim, and acquired 2,100 km from the victim in the same manner in the same place as the 1,680 km of the total sum of KRW 1,400,00,000 from the following day to the 8.4 million Korean won in the same manner.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Investigation reports (Submission of Details of A obligations of a suspect), investigation reports (Submission of collateral data);

1. Application of Acts and subordinate statutes to a copy of trading statements;

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

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The defendant's reasons for sentencing under Article 62-2 of the Social Service Order Act are the circumstances unfavorable to the defendant that cause damage exceeding KRW 20 million to the victim due to the criminal act in the judgment of the defendant.

However, considering the fact that the damage of the victim seems to be partly recovered by offsetting the claims of the defendant against the victim and the amount of damage to the defendant by the victim, the circumstances favorable to the defendant that there is no same criminal record.

In addition, the age, character, conduct and environment of the defendant, the motive, background, means and consequence of the crime of this case, the circumstances after the crime, and other cases.