A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

Around May 1, 2009, the Defendant is running a Korean-style house project with the victim C in the Hannam-nam-si parking lot located in Gyeonggi-si. At now, the Defendant is running a house construction project by setting the Han K-ray in 2012. The Defendant made a false statement to the effect that he would pay KRW 120 million, a value of which is KRW 20 million, with a loan equivalent to twice the borrowed money, if he/she lends a large amount of money.

However, in fact, the defendant did not run the hanok business at the time, and the above loan construction project was already failed, and there was a lack of economic situation enough to demand repayment from other creditors. Therefore, even if he received the above money, there was no intention or ability to pay it.

Around May 8, 2009, the Defendant received KRW 5 million from a single bank account (D) under the name of the Defendant from the victim, as well as from around that time.

7. By July 7, 200, a total of KRW 49 million was remitted to the same account through a total of three occasions and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement regarding C;

1. Investigation report ( telephone conversations between a complainant and C);

1. Investigation report (to hear statements by complainants);

1. Application of Acts and subordinate statutes on investment contract;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment: Imprisonment with prison labor for not more than ten years;

2. Recommendations and sentence on the sentencing criteria: Imprisonment with prison labor for six months - one year and six months (to select the basic area among the types of types of general fraud);

3. Determination of sentence: Imprisonment with prison labor for 10 months, suspended sentence for 2 years, community service, 120 hours: The defendant was not involved in the projects to build a new loan, which could sufficiently create profits at the time of the crime of this case, and the defendant committed the crime of this case by approaching the victim, and the crime of this case is not good, and immediately contact with the victim after receiving money from the victim.