A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is the winning of the “D” of the C and the third floor in the Gyeongbuk-si, Gyeongbuk-si.

On December 2, 2015, the Defendant made a false statement to the effect that “The victims E are taking into account the employment problems of the children in the above location, the Defendant would have employed them as fixed-term sports teachers because there are many people who want to attend schools in the inside Daegu-gu, Busan-do, and Busan-do, and as they have friendship with those related to the Office of Education, newspapers in charge of middle and high schools, and National Assembly members, etc., and in order to arrange employment, entertainment expenses need to be paid.”

However, in fact, the suspect was planned to receive money from the injured party for personal purposes such as living expenses, and there was no intention or ability to have the injured children work as a fixed-term teacher.

The defendant deceivings the victim as above and transferred 10 million won to the post office account under the name of the defendant to the victim on March 16, 2017, and acquired 2 million won through the same account on March 17, 2017.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Each legal statement of E and F;

1. The remittance transaction details and the financial transaction details of the Korea Post under the name of the suspect [the defendant alleged to the effect that he had no intention to commit the crime of defraudation, but according to the victim E and his testimony of F, the criminal intent of defraudation is sufficiently recognized.

Defendant’s assertion is without merit. Application of statutes

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

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] General Frauds No. 1 (less than KRW 100 million) basic area (from June to one year and six months) [the person who is subject to special sentencing] [the decision of sentencing] unfavorable circumstances: no agreement was reached.

A favorable normal situation: There is no previous conviction.