A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 5, 2016, the Defendant purchased a used motor vehicle from a third party to sell it to the victim C in a closed place in a mobile phone text, and made it possible for the victim to sell it to the third party at KRW 60 million by purchasing KRW 3-40 million.

The 10% of the purchase fund has been invested by the neighboring people in the following work, and the 10% of the profits have been paid for one month, and the investment has been commenced since one year prior to the beginning of investment.

If the investment is made on behalf of B, the 10% profit of the month can be secured.

If a person lends KRW 10 million, he/she will pay KRW 11 million after the month following the month in which he/she invested in the tubes business.

“A false statement” was made.

However, in fact, the Defendant did not have any intent or ability to make an investment or to pay the proceeds, even if he received the money from the injured party, because the Defendant did not have any specific property because of the fact that he did not have any property, and thus, he did not have any intent or ability to pay the proceeds.

The Defendant, as a result, received from the injured party 70 million won on the same day, 950,000 won, 1,350,000 won on the following day, 5,00,000 won, 1,390,945 won, total amount of 9,390,945 won from the injured party to the national bank account (Account Number: D) in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Detailed descriptions, specifications of transactions, and transaction details;

1. Application of transaction details under Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and 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 Social Service Order Criminal Act / [the scope of recommending punishment] General Fraud / There is no basic area (six months to one year and six months) (the period from June to one year) / [the person subject to special sentencing] / The decision of sentencing is not good in light of the applicable law and content of the instant crime, and the victim is the victim.