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

Around August 21, 2019, the Defendant made a false statement to the effect that “C” coffee store located in Bupyeong-si B is working as a clerical staff member at the Ed Judicial Scriveners office, and is also working as a loan-related party. Although a commercial building may proceed as a security, the Defendant may conduct a loan as well as an appraisal on the commercial building and need to do so with an appraisal fee of KRW 10 million.”

However, in fact, the Defendant, upon receiving the above KRW 10 million from the beginning, thought to be used for personal purposes, such as repayment of the Defendant’s existing debt, card payment, etc., and thus, even if receiving the above money from the victim, there was no intention or ability to request the appraisal of the commercial building or to proceed with the lending procedure.

Ultimately, on August 22, 2019, the Defendant, by deceiving the victim as above, received 10,000,000 won from the victim to the F bank account (G) in the name of the Defendant in the name of the Defendant, and fraudulently acquired it.

Summary of Evidence

1. Police suspect interrogation protocol of the defendant's oral statement;

1. D’s written statement of D - Copy of remittance passbook (in the name of the complainant’s employee H) - Application for a warrant of search, seizure and verification of the name of a certified judicial scrivener office - Search, Seizure and verification - Each investigation report (application for a warrant of account search, seizure and verification, analysis of AKakao Stockholm account, suspect A and C, reference witness I currency content, victim D telephone conversations, content of inspection direction, victim’s hearing of statements) applies;

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

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

1. 양형기준에 따른 권고형량의 범위 ▷ 기본범죄(사기) [권고형의 범위] 일반사기 > 제1유형(1억 원 미만) > 감경영역(~1년) [특별양형인자] 특별감경요소: 처벌불원

2. A certified judicial scrivener who commits the instant crime with a sentence sentenced; and