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.

Punishment of the crime

On January 9, 2013, the Defendant was sentenced to six months of imprisonment with prison labor at the Suwon District Court for fraud, and the judgment was finalized on January 21, 2013.

On December 18, 2012, the Defendant requested the victim C to jointly conduct a sprinkling business in Seo-gu, Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon: “Once you transfer KRW 40 million to D, D will immediately transfer KRW 50 million to 90,000,000,000 to the Party.” The Defendant said that “I would have divided the profits by engaging in the import wholesale business of the sprinking and selling the sprinking to the Party.”

However, the fact that D received KRW 40 million from the Defendant does not mean that it was promised to transfer to the victim KRW 90 million. However, it was received KRW 40 million with partial repayment of KRW 50 million and the victim could not receive KRW 90 million even if he remitted KRW 40 million to D.

As such, the Defendant, by deceiving the victim, had the victim transfer 40 million won to the one bank account of D on the same day, thereby having the victim subrogated to the Defendant’s obligation, thereby having the victim acquire the same pecuniary profit equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, C, F, and G;

1. Each of the statements D and E in the second protocol of examination of the accused by the prosecution against the accused;

1. Each police interrogation protocol of a police officer against D, E, or G;

1. A complaint, a detailed statement of passbook, a loan certificate, and a confirmation of facts (Evidence List No. 13);

1. Previous records: Criminal records, etc. inquiry reports and the application of court rulings or statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order (unfavorable circumstances) - The crime of this case is limited to 50 million won that the defendant had already borrowed from D.