A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. On August 2010, the Defendant made a false statement to the victim N(60) that “A child would have a funeral in Japan, who is aged 5 million won, work for a funeral in Japan.”

However, there was no intention or ability to provide employment even if the defendant receives money from the victim because the defendant's branch does not operate a funeral company in Japan.

The Defendant received from the victim a total of six million won, including one million won in early September 17, 2010, three million won in the same month, three million won in the same month, and one million won in the early October of the same year.

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

2. On September 2010, the Defendant made a false statement to the victim O (the 55 years of age) in front of the “M” building located in the Busan-gu L, Busan-gu, stating that “A child will have a funeral in Japan work for a funeral in Japan with three million won on board.”

However, there was no intention or ability to provide employment even if the defendant receives money from the victim because the defendant's branch does not operate a funeral company in Japan.

The Defendant received three million won from the victim in the name of job placement, i.e., three million won from the victim, and was transferred to the Agricultural Cooperative Account under the name of the Defendant to September 29, 2010, and KRW 500,000 won on October 13, 201 of the same year, and received KRW 100,000 in total from the police officer on October 2010.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute to the statement of N orO;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The Defendant acquired approximately KRW 11 million from two persons by fraud by means of a method by which he/she got employed.

The criminal defendant is punished by a fine of 10 times.