A defendant shall be punished by imprisonment for four 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 June 29, 2009, the Defendant called the victim D by phone to find out the sources of investment with the success of the business in red bean and 2 billion won. The Defendant attempted to settle the house by investing the said money in Cheongpadong.

오늘 한국으로 롤렉스시계가 들어 있는 가방을 보냈는데 운반 중에 한국 세관에 걸렸다.

It is necessary to provide 500,000 won to customs employees through other persons who do not deal with the work in the Hongpe.

500,000 won is loaned. To complete the work in the red bean and pay back immediately.

“.......”

그러나 사실 피고인은 롤렉스시계를 한국에 보낸 사실이 없었고 피해 자로부터 송금 받은 금원은 생활비로 사용할 생각이었으며, 20억을 번 사실이 없었고 특별한 재산이나 수입도 없어 피해 자로부터 금원을 차용하더라도 이를 변제할 의사나 능력이 없었다.

Nevertheless, the Defendant, as seen above, by deceiving the victim, received KRW 50,000 from the Defendant’s bank account in the name of E, which is the same day from the victim, and received KRW 50,000 from the victim, from August 1, 2009, a total of KRW 1,856,00,000 from the victim, from August 1, 2009.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (materials submitted)

1. Article 347 (1) of the Criminal Act comprehensively including the relevant Article of the Act and the choice of punishment for the crime (the choice of imprisonment);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order [the type of determination] Fraud / [the person subject to special sentencing] mitigation element: In a case where punishment is not imposed or considerable damage is recovered, [the scope of the recommended area] mitigation range, one month or one year [the sentence] shall be acquired.