A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 2015, the Defendant stated that “When investing KRW 40 million in play for the number of days, the Defendant may receive KRW 80,000,000 per two copies of interest per month, the Defendant may receive KRW 80,000 per two copies of interest, and 400,000 won shall be used for inside KRW 80,000,000, and 400,000 won shall be considered as the victim.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to receive interest from the victim.

Around April 8, 2015, the Defendant, by deceiving the victim as such, received KRW 40 million from the victim’s account in the name of the Defendant to the Agricultural Cooperative account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (Submission of passbook copies);

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

1. Article 62 (1) of the Criminal Act;

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

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendation types according to the sentencing criteria [the scope of recommendation types] general fraud types 1 (less than 100 million won) and basic areas (one to one year and six months) (no special person).

3. The fact that the amount of deception obtained by deception is not certain, and that the actual damage recovery has not been made until the date of the instant sentence is disadvantageous.

On the other hand, the fact that a minor's child is supported, that the husband D of the defendant jointly and severally pays the defendant's obligation to the victim, and that there is no particular criminal history is a favorable condition.

In the above circumstances, the sentencing conditions, such as the defendant's age, character, conduct and environment, shall be determined as per the disposition.