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

Punishment of the crime

On December 2, 2011, the Defendant stated that “In-house news report office is being made and profits will be made. It will also be a corporate bond business in the future. When investing money, the Defendant would pay back the profits to 100 days, and the principal will be paid up to 100 days.”

However, at the time, the defendant did not have any property or income, so there was no intention or ability to pay the money even if he received the money from the victim.

Around December 15, 201, the Defendant: (a) by deceiving the victim; (b) obtained KRW 2 million from the victim to the Agricultural Cooperative Account in the name of D; (c) KRW 4 million from the same account around the 21st day of the same month; (d) KRW 1 million from the same account around the 24th day of the same month; (c) received KRW 17 million from the national bank account in the name of the Defendant on January 5, 2012 to receive KRW 17 million from the national bank account in the name of the Defendant on December 30, 2011; and (d) acquired KRW 47 million in total five times, such as receiving KRW 23 million from the F coffee shop in Gangnam-gu Seoul Metropolitan Government E on December 30, 2011.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. C’s legal statement;

1. Partial statement made by C of a witness in the fourth trial record;

1. Application of the Acts and subordinate statutes in each copy of the details of transactions of each bankbook, receipt copy, and copy of the bankbook;

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 347 (1) of the Criminal Act of the option of imprisonment for a crime;

1. The scope of the recommended sentence on the sentencing guidelines [the scope of the recommended sentence] the category of fraud crime group, general fraud, and Type 1 (less than KRW 100 million) (the scope of the recommended sentence] imprisonment with prison labor for six months – one year and six months (basic area);

2. Although the amount of the defrauded money of this case determined to be sentenced is a total of KRW 47 million, it has not been agreed with the victim and has not been recovered from damage, the defendant has the record of punishment for the same kind of crime, and other circumstances shown in the arguments of this case, such as the defendant's age, character and conduct, environment, motive for the crime, and circumstances after the crime, etc., shall be considered.