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 two years from the date this judgment becomes final and conclusive.

Criminal facts

In fact, the Defendant did not have the authority to find a company related to Hyundai Motor, and did not have the authority to make a solicitation to the person with such authority, and the company’s own operator was in the crisis of wage in arrears, etc., and was thought to be used as wages, living expenses, etc. from the victim B, so even if he received money from the victim, the Defendant did not have the intent or ability to find employment with the victim’s children in the company related to Hyundai Motor, Ulsandong-gu, Ulsandong-gu, 101, 305, around April 10, 2017. The Defendant made a false statement to the effect that “the victim’s children are employed in the company related to Hyundai Motor, 30 million won as expenses,” and was deposited with the company’s account in Taesung-gu, Seoul Special Metropolitan City.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to the Kakao Stockholm conversation and a detailed statement of deposit transactions;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. Class 1 (less than KRW 100,00) in the mitigated area (one month to one year, and no penalty shall be imposed); and

2. Circumstances that are disadvantageous to reasons for sentencing: In this case, the defendant has obtained 30 million won from the injured party who is in imminent condition of sentencing to receive 30 million won under the pretext of employment mediation; in light of the motive, content and amount of fraud, etc., the crime is not good in light of the crime motive, the amount of fraud, etc.; the trade of job through employment solicitation may cause severe social harm to young people who have not been granted a fair opportunity, such as serious sense of view and the sense of job seeking: The defendant is against the crime of this case; and the victim is the victim.