A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On March 2016, the Defendant started the Victim B’s teaching system with the victim around the same month, and made a false statement to the victim “The Defendant, during the same month, at the Seosan-si Underground Parking Lot, is working as a real estate intermediary or with a heavy endur, need to pay money to the victim in doing his/her duties. When making a transaction once, a large amount of money enters, and he/she can repay all of the loans on a face-to-face loan with a large amount of KRW 32 million. At this time, an officetel which is currently in the name of the victim.”

However, in fact, the defendant is not a middle and high-speeder, even if he receives money from the injured party, he did not think that he will use it for the middle and high-speed with work, and officetels was not owned by the defendant.

On March 22, 2016, the Defendant received a total of KRW 33.6 million from the above date and time to April 1, 2016, as indicated in the list of crimes in the attached Form, from one bank located in the Busan-dong, Busan-dong, Busan-dong, and received a total of KRW 6 million from the above date and time to April 1, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the scope of the recommended punishment according to the sentencing guidelines is general fraud (less than KRW 100,00) and the mitigation area (from one year to one year) (special mitigation person) and the punishment is not imposed, or damage substantially is recovered;

2. The crime of this case, which was determined to be sentenced, is a situation unfavorable to the defendant, such as the fraud of 33.6 million won from a person who suffers from death by deceiving him as a fund for the purchase of the vehicle and using it as living expenses, etc., which is not good in light of the motive, etc. of the crime, and the defendant has been sentenced to suspended sentence for the same crime in 2013.

Provided, That the defendant is led to the confession of the crime and is against the defendant, and the victim agrees with the victim.