A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

On March 2008, the Defendant made a false statement to the effect that “B, through C living together at a superscopic place, there is a seal in the Sungsung Heavy Industries, I would like to offer money to B to the branch, and offer D’s children E to be employed in the Samsung Heavy Industries.”

However, the defendant was planned to use the money as personal living expenses by receiving money from the victim, and even if he received money from the victim, he did not have the intent or ability to find the children of the victim in Samsung Heavy Industries.

Nevertheless, the Defendant received KRW 20 million, around March 19, 2008, via the Agricultural Cooperative Account in the name of C from the victim, and KRW 1.0 million around December 26, 2008, and KRW 5 million around August 14, 2009, respectively.

Accordingly, the defendant deceivings the victim and defrauds 35 million won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the statement made by C in the suspect examination protocol against the accused;

1. Statement of D police statement;

1. A complaint;

1. Photographs of text messages and copies of bankbooks;

1. Application of Acts and subordinate statutes to a report on investigation (the confirmation of sources of money remitted byC);

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

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

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

1. The basic area (six months to one year and six months) of the sentencing criteria [the range of recommendations] general fraud types 1 (the amount less than 100 million won) and the basic area (the amount of six months to one year and six months) shall be nonexistent; and

2. Specific grounds for sentencing are that the victim’s damage is not adequate in light of the method by which the crime was committed. However, in order to recover from damage, the victim’s damage is not recovered: (a) the Defendant’s deposit of KRW 5 million in the name of the victim (the submission of a deposit made on November 24, 2016) reflects his/her mistake; and (b) the Defendant is divided by taking into account the following factors: (c) the Defendant’s age, character, character, environment, family relationship, circumstances leading to the crime, means and consequence; and (d) the sentencing conditions prescribed in Article 51 of the Criminal Act, such as