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 one year from the date of the final judgment.

Punishment of the crime

Around January 2015, the Defendant proposed that “a total number of five persons shall be paid up to 10 million won per one number of 10,000 won per month” to the victim C, and that “a total of 5 persons shall be paid up to 10,000,000 won shall be resumed every month.” The Defendant accepted this by the victim. The Defendant stated to the effect that “The Defendant would faithfully pay the payment for each month, if the building owner of the E-cafeteria that he/she is operating, would raise the deposit money from Jinhae, by designating No. 1,2, and 3.”

However, as the Defendant had already arranged the above E-cafeteria one year before, it was not necessary to pay the deposit additionally. It was thought that the personal obligation was approximately KRW 20 million and used for other purposes such as repayment of the above obligation and living expenses, etc. The Defendant did not have any intent or ability to pay the deposit amount of at least KRW 3 million every month even if he had the total amount of time provided, even if he had no intention or ability to pay the deposit amount of at least KRW 3 million every month.

Nevertheless, the Defendant, by deceiving the victim as above, received a total of KRW 23.8 million from the victim on January 21, 2015, and acquired a total of KRW 23.8 million from the victim on February 24, 2015, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on a copy of passbook;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

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

1. Type 1 (less than KRW 100,00) basic area (from June to June) of the sentencing criteria: None of the special persons; and

2. Determination of sentence - Determination of sentence - Unfavorable circumstances: The fact that the victim wants punishment for the defendant because it has not been agreed with the victim - the favorable circumstances: the first offender, and the defendant.