A defendant shall be punished by imprisonment for not more than ten 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

On September 23, 2014, the Defendant made a false statement to the victim C at the E office located in Yeongdeungpo-gu Seoul Metropolitan Government, stating that “The Defendant would establish a new corporation F for the purpose of real estate development and develop real estate located in Gyeonggi-gu, Gyeonggi-gu, with the loan of KRW 100 million, set up a collateral security on the business site, and pay the principal of the investment, interest burden, and monthly allowances of KRW 220,000,000 as if the development is completed.”

However, even if the defendant received the investment from the injured party, he thought that he would use the above E company's operating funds, and there was no intention or ability to develop the original property located in the Gyeonggi E company, or to establish the right to collateral security in the business site.

On September 24, 2014, the Defendant, by deceiving the victim, received 97 million won from the victim to the new bank account in the name of father G, the father of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C and H;

1. Application of Acts and subordinate statutes on cash investment contracts, deposit receipts, and bank account details;

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

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

1. Reasons for sentencing under Article 32 (1) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss an application for compensation order;

1. Scope of punishment: Imprisonment with prison labor for one month to ten years;

2. Where a person intentionally commits a deceptive act in the area of special mitigation (one month to one year) (special mitigation) within the scope of the recommended punishment, or where the degree of deceptive act is weak, or where the penalty is not imposed or considerable damage is recovered;

3. Circumstances in which the defendant is given a favorable sentence (a confession, reflectivity, consent that the victim is not subject to punishment, and that the victim has no record of criminal punishment except for one time before and after the fine of the same species), or circumstances unfavorable to him (the amount of damage may be KRW 100 million);