A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On June 11, 2019, the Defendant was sentenced to a suspended sentence of three years for a year by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the District Court of Jung-gu on June 11, 201, and the sentence became final and conclusive on June 19, 2019.

【Criminal Facts】

On November 28, 2014, the Defendant sent a phone call to the victim B to make an investment that “if there is a mind to make an investment, it would have an ability to make an investment to make an investment that would amount to 50 million won.”

However, in fact, the defendant did not have the intent or ability to make profits through investment because he/she thought that he/she will receive money from the victim to use it for living expenses and repayment of debts.

The Defendant received a total of KRW 37.5 million from the victim’s account in the name of the Defendant to the single bank account in November 28, 2014, and KRW 47.5 million from November 29, 2014, respectively.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report (the details of the use of the amount of damage);

1. A certificate of transfer, the details of account transactions, and the certificate of transaction performance;

1. Previous convictions in judgment: An inquiry report and the application of Acts and subordinate statutes of a criminal investigation report (verification of concurrent crimes under the latter part of Article 37 of the Criminal

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

2. Not applying the sentencing criteria: Non-application of the sentencing criteria by falling under concurrent crimes under the latter part of Article 37 of the Criminal Act;

3. Determination of sentence: Imprisonment with prison labor for a period of six months, the defendant acquired a total of 47,50,000 won as investment money from the victim who is the branch in a situation in which the defendant is economically difficult, and the method of committing the crime and the damage for a considerable period after committing the crime shall not be recovered;