A defendant shall be punished by imprisonment for four months.

Costs of lawsuit shall be borne by the defendant.

Punishment of the crime

On March 22, 2013, the defendant, while engaging in the business of selling sea ginseng with the victim C, called the victim at the defendant's residence located in the Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul, and called the victim to "the money is necessary to enter into the contract for sea fishery.

20 million won was referred to as "the remittance to E account under the name of E used in the internal bank."

However, even if the defendant received money from the injured party, he did not have any intention or ability to enter into a fishing ground contract because he was willing to lend or use it as living expenses.

Nevertheless, the defendant deceivings the victim as above and acquired 20 million won from the victim to E-name cooperation account (F) on the same day.

Summary of Evidence

1. Each legal statement of the witness C, G, and H [the fact that by the statement of the witness C (victim) and G, the defendant believed that the victim would use the victim's words the same as the facts constituting the crime and remitted money to the defendant, the defendant may use the money received without using it for its intended purpose, and H received KRW 10 million from the defendant on March 22, 2013 by the witness H's statement and received KRW 10 million for the purchase of sea ginseng from the defendant on March 22, 2013, but he did not purchase it with such money, and it can be recognized that he returned the money again to the defendant at the request of the defendant, criminal facts are sufficiently recognized by the witness's testimony];

1. Application of Acts and subordinate statutes to each transaction statement, remittance and deposit details, each letter, and copies of bankbooks;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The grounds for sentencing in the main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit: The fraud in general;

1. Recommendations of less than KRW 100,000: June - one year and six months (the basic area) sentence is determined as per the order within the scope of the sentencing guidelines in consideration of the fact that the Defendant denied the crime and did not make any effort to pay damages.