A defendant shall be punished by imprisonment for not less than eight 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 April 1, 2013, the Defendant made a false statement to the effect that, in the E golf driving range located in Jeju Island D, there are many people who wish to 'F' to 'F', the victim C(the age of 43). Accordingly, the Defendant could have the victim C enter F' into F's brand, which had been set at the F's duty-free shop located in Jeju, Jeju.

However, in fact, for the salesroom occupants at duty-free shops, it was required to pass through the deliberation of the Steering Committee through the press system to the members of the duty-free shop through the prior press system, and the defendant did not have any way to purchase the brand right to have been put on. Therefore, even if he received money from the victim, he did not have any intention or ability to purchase the brand right to have the brand sales at the duty-free shop or to have the salesroom occupants at the relevant brand.

The Defendant, as such, by deceiving the victim and receiving 30 million won from the victim for the purchase of brand trading rights around April 4, 2013, to the Agricultural Cooperative (G) account under the name of the Defendant, and received five million won from April 8, 2013, around two million won, around April 16, 2013, around one million won, around April 25, 2013; two million won, around April 30, 2013; three million won, around May 6, 2013; one million won, around June 30, 2013; and one million won, around June 11, 2013; and one million won, around June 21, 2013; and one million won, around July 16, 2013; and one million won, including five million won, transferred in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Details of transactions for entry and withdrawal;

1. Application of Acts and subordinate statutes to a criminal investigation report (Evidence records 50 pages, 83 pages);

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

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the sentencing conditions under Article 51 of the Criminal Act);

1. Probation and community service order: The reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. shall be determined as per the order, in consideration of the following sentencing guidelines and other circumstances:

The favorable circumstances: all facts of crime are recognized and reflected;