A defendant shall be punished by imprisonment for not less than eight months.

except that 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 April 11, 2011, the Defendant visited the victim D, who was living in Dobong-gun C Housing Operation 103, in his name, from the victim D and the victim was making efforts due to the depression, and “When making an offer to the ancestor, he may move to a good place, and the husband and his family members will be healthy and may be well good. The Defendant made a false statement that the cost of the proposal would be avoided.

However, even if the Defendant received expenses from the victim for the removal of the money from the victim, the Defendant did not intend to transfer the money to the head office of the Magjin-ri Council, and did not know that the money transferred to the head office of the Magjin-ri Council was used as the removal expenses. Even if the Defendant actually proposed to do so, the Defendant did not have the intent or ability to make the victim’s husband and family members healthy and well-being, and even if he received the money under the pretext of building lease deposit, traffic accident agreement deposit, etc., there was no intention to use the money actually received as the lease deposit or agreement deposit even if he planned to transfer the money to the head office of the Magjin-ri.

On April 28, 201, the Defendant received KRW 60,320,000 from the victim under the name of the victim, as shown in the list of crimes in the attached Table, including that the Defendant received KRW 4,00,00 from the victim in cash for the purpose of proposing expenses, building rents, etc., and received KRW 60,320,00 from the victim during the period from around that time to July 18, 2012.

Accordingly, the defendant was given property by deceiving the victim in collusion with the person who was not aware of his name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Application of each police protocol of statement to D and E;

1. Relevant Article 347(1) of the Criminal Act and Article 30 of the Criminal Act concerning criminal facts; Articles 347(1) of the Criminal Act;

1. Recommendation of the reasons for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for the suspended sentence)