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 became final and conclusive.

Punishment of the crime

On December 16, 2016, the Defendant made a false statement to the victim “C” convenience store operated by the victim in Geumcheon-gu Busan Metropolitan Government, stating that “If the Corporation has invested in the Park Cemetery Corporation and the Ulsan Metropolitan City Hospital Remodelling Corporation, it shall return the investment money immediately after the completion of the Corporation, and the profits shall also be paid at least 30%.”

However, there was no time for the Park Cemetery Corporation, etc., and the defendant thought that he would use the money received from the victim for the repayment of personal debt and living expenses, etc., so even if he received money from the victim, he did not have the intent or ability to pay the amount of investment and profits to the victim.

As above, the Defendant, by deceiving the victim, received from the victim, a total of KRW 50 million from December 16, 2016 to September 25, 2017, to the E-bank account in the name of the Defendant’s father-D.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. Application of each letter of commitment, details of financial transactions, and Acts and subordinate statutes on account transactions;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months.

3. Determination of sentence: 6 months of imprisonment with prison labor, 2 years of suspended sentence, the defendant paid 31.8 million won as the name of return or repayment to the victim while reflecting the crime of this case, and accordingly, the victim does not want the punishment of the defendant; and the defendant's age, character and behavior, family environment, motive and means of the crime, circumstances after the crime, etc.