A defendant shall be punished by imprisonment for six months.

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

Criminal facts

On May 10, 2012, the Defendant made a false statement to the victim “D” restaurant operated by the victim C in Daegu Northern-gu, Daegu Northern-gu, stating that “A building is leased in the state of leasing KRW 30 million to operate a amusement room, and 30% of the profits such as principal will be unconditional if an investment is made only KRW 20 million.”

However, the defendant did not have leased a building to operate the amusement room, and even if he received money from the victim, he did not have the intention or ability to pay the principal and the profits by operating the amusement room.

Around May 29, 2012, the Defendant received a total of KRW 1 million from the victim as a cash on the pretext of an investment, KRW 9 million in cash on June 5, 2012, and KRW 10 million in a check on the same name on June 14, 2012.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to copies of bankbook transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. According to the sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Criminal Act and the Act on Probation, etc., the instant crime constitutes type 1 (less than KRW 100 million) among the general frauds of the defrauded group, and the scope of recommending punishment is from June to June (basic area).

Although the defendant is led to the crime of this case, and there is no criminal record of the same kind, he/she is accused of a considerable amount of money from the victim by deceiving him/her as if he/she would pay the proceeds, but he/she did not properly recover the damage, and in the process of agreement, he/she does not borrow money from another victim and does not fully repay the money to the victim, so the suffering of the victim should be aggravated. However, the details and details of the crime should be punished strictly.