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

From June 2015, the Defendant, from the point of view of June 1, 2015, received money from the injured party to use it for gambling funds, etc. on a false statement to the effect that, while serving as a "D" motor vehicle trading company in Suwon-si, Suwon-si, the Defendant, which was operated by the injured party B, was in need of a heavy and construing, gambling funds, living expenses, etc.

On August 17, 2015, the Defendant made a false statement to the effect that “The Defendant would purchase SM5 car at 40 million won” to the victim who was sent to the Stockholm text message.

However, at the time, the Defendant did not have the intention to purchase the MF5 car for the car trading company operated by the victim, and was merely thought to use it as money for gambling and living expenses, etc., so there was no intention or ability to purchase the car for the victim from the beginning.

Nevertheless, the Defendant: (a) by deceiving the victim as above, received the purchase price of KRW 4 million from the victim to the corporate bank account under the name of the Defendant on the same day; (b) and (c) from around that time to August 11, 2016, the Defendant was transferred KRW 52 million total of the purchase price from the victim by the above means, such as the list of crimes in the attached Table from around seven times to around August 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to inquire about the results of transfer, Kakao Stockholm messages, and details of account transactions;

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. Article 62 (1) of the same Act on the grounds for sentencing as follows;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. The sentencing guidelines of the Supreme Court sentencing committee are set.