A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On November 8, 2018, the Defendant stated that “In the vicinity of Seocho-gu Seoul Metropolitan Government Seocho-gu Seocho-gu, Seoul, the PF related to the construction of apartment buildings was decided to be the Cheongju-gu Cheongju-dong, and the PF related to the construction of apartment buildings was decided to be the Cheongju-gu, Chungcheongnam-gu, Seoul.” However, the Defendant stated that “The Defendant would receive PF after one to two months if he/she borrowed money for the shortage of business funds, plus interest.”

However, even if the defendant received money from the victim, he was willing to use it for living expenses, received the PF related to apartment construction, or did not have the intention or ability to pay to the victim.

As above, the Defendant, by deceiving the victim as above, received KRW 30 million from the victim to the one bank account (E) in the name of D on the same day, and transferred KRW 32 million to the same account on the 23th day of the same month, including KRW 2 million.

Summary of Evidence

1. Statement of the police concerning B's legal statement;

1. Application of text messages and Acts and subordinate statutes governing financial transaction replies;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Reduction elements of less than KRW 100,00 (Specially Convicted Persons) below KRW 100,00 for fraud (type 1) according to the sentencing guidelines: Reduction area of mitigation area (the scope of recommending area and recommendation range), imprisonment with labor for one month or one year;

3. Determination of sentence: Four months (one year of stay of execution) of imprisonment with prison labor and the amount acquired by the defendant from the victim shall not be stated;

However, the defendant has returned all the money acquired by the victim and agreed with the victim, and the defendant has no criminal history of the same kind.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.